Ahmad, J.

1. The District Board of Manbhum, who is the defendant in the suit, is the appellant. It is a body corporate constituted under the Bihar and Orissa Local Self-Government Act. By Section 79 of that Act, it has the authority to plant trees by the side of the road. The plaintiffs, who are the members of the joint Hindu family and residents of mohalla Dulmi within the Municipality of Purulia, instituted the suit for damages on the allegation that one jore tree standing on the District Board road fell on their residential house situated by the side of the road, and caused damage to its tiled roof and pucca walls and also smashed three rickshaws of the plaintiffs, which were then kept there in the compound. Their case was that in the year 1943 strong winds used to blow in that area and as a result thereof some trees had fallen and, therefore, they apprehended that the tree standing on the road in front of their house might also fall and damage their house. On this apprehension they wrote a letter to the District Board on 7-5-1943 and drew its, attention to the danger apprehended and requested that the branches extending on their premises should be lopped off, and, if po