ASHAMUKUL PAL, J. - (1.) This suit is instituted by Mjs; Todi Tea Co. Pvt. Ltd. against Mjs. Manabarrie Tea Co. Ltd. for decree for Rs. 82,432.72p, interim interests, further costs and costs on a cause of action that has arisen out of an agreement pleaded in paragraph' 1 of the plaint and particulars of the claim have been set our in paragraph 10 of the said plaint. It appears out of the said sum of Rs. 82,432.72p the plaintiff claims Rs. 64,454.82 as principal and Rs. 17,997. 90p as interest.
(2.) The plaintiff's case is that Mjs. Manabarrie Tea Estate entered into an agreement with the plaintiff for which a duly registered indenture was executed on 23rd of March; 1968 and by which agreement the plaintiff purchased the said estate inter alia on the conditions that vendor that means, Manabarrie Tea Estate would duly pay off and discharge all the debts and|or liabilities to the different board and its bankers as also all liabilities for all taxes including income tax, agricultural income tax in respect of and in connection with the said estate and the said tea estate for all purpose prior to the 1st of January, 1967 and will remain liable for all such liabilities including sales tax liabilities, income tax liabilities, agricultural income tax Abilities etc to the plaintiff as mentioned: fully in the said clause.
(3.) The plaintiff's case is that in terms of the said agreement executed on 23rd of March, 1968 the defendant was liable to pay all claims, demands, compensation and|or all forms of benefits payable to the workmen and/or labourers and|or other staff of the said tea estate known as Manabarrie Tea Estate for the work for all periods up to the 31st of December, 1966. Plaintiff's further case is "furthermore the defendant by the said agreement agreed to indemnify the plaintiff against thai claim and demands in respect of the said period prior to 31st December, 1966".;