JUDGMENT :

K.N. Saikia, J. - Respondent 1 M/s Shanmughavilas Cashew Industries, Quilon purchased from East Africa 350 tons of raw cashewnuts which were shipped in the vessel SS Steliosm chartered by the appellant M/s British India Steam Navigation Co. Ltd., incorporated in England, pursuant to a contract of affreightment evidenced by 3 bills of lading issued to the shipper for the 3 loads of cashewnuts. Out of 4445 bags containing the nuts carried in the said vessel only 3712 bags were delivered at Cochin, there being thus short landing of 733 bags.

2. Respondent 1 sued the appellant in Suit No. O.S. 18 of 1965 in the Court of the Subordinate Judge, Cochin seeking damages for the shortage of 733 bags of raw cashewnuts amounting to Rs 44,438.03. The suit having been decreed with interest @ 6 per cent per annum from July 17, 1964, for the sum total of Rs 46,659.93, the appellant preferred therefrom appeal A.S. No. 365 of 1969 in the High Court of Kerala which was pleased by its judgments and decree dated August 16, 1973 and November 30, 1973, to dismiss the appeal and affirm that of the Subordinate Judge. Aggrieved, the appellant has preferred this appeal by special leave.

3. In the cou