JUDGMENT :

RAGHUVIR, J.

1. The Appellant-company laid a suit against the railway administration for recovery of Rs. 2,333.61 ps. The Appellant transported bulk-rock phosphate fertilisers from Visakhapatnam Port to Krishna Canal Railway Station. The wagons arrived on May 5, 1971 in ten box wagons at the destination. Nine out of the ten wagons, according to them, were unloaded within free time available; one amongst them was not unloaded. Notwithstanding the same, their case was, demurrage for ten wagons was illegaly collected from them, therefore, the suit. The District Munsif at Guntur decreed the suit in the sum of Rs. 966/- with interest thereon at 6% per annum from August 27, 1973. On appeal, the 1st Addl. District Judge at Guntur reversed the decree and dismissed the suit holding the ten wagons reached the destination and shunted to the company's siding on May 5, 1971 at 3.30 a.m.; unloading commenced at 6.30 a.m. and nine wagons were unloaded at 9 a.m. on May 6, 1971 within free time available to the company. All the ten box wagons were not unloaded. The Railways yet were entitled to demurrage for all the ten wagons under the rule. Hence the second appeal.

2. In this appeal, the