JUDGMENT

VENKATARAMIAH, J.:— This appeal by certificate is filed against the judgment and decree passed by the High Court of Rajasthan in Regular First Appeal No. 43 of. 1962, dismissing the appeal filed by the appellants against the judgment and decree passed in Civil Suit No. 5 of 1960 on the file of the District Judge, Balotra and allowing in part the cross-objections filed by the respondent. The appellants were the defendants in the suit and the respondent was the plaintiff. The parties are referred to hereinafter in accordance with their position in the Trial Court.

2. The parties belong to Barmer town in the State of Rajasthan. The case of the plaintiff was that on 25-12-1957 the defendants received from him gold weighing 250 tolas as a trust deposit (amanat), that they had agreed to carry that gold to Bombay at their own risk and to deliver it to the plaintiff against the payment of a sum of Rs. 300/- as their remuneration for the work. The plaintiff produced along with the plaint a tehrir (amanati chithi) said to have been executed by the defendants under which they had acknowledged the receipt of the said quantity of gold which was of 99.45 fineness. The plaintiff alleged t