U.N.Sinha, J.

1. This appeal has been preferred by the defendant. The plaintiff had instituted a suit for recovery of Rs. 1,051/9/9 as compensation for the loss and destruction of certain goods during transit in the railway. The plaintiffs case was that on 9-4-1951, a consignment of 308 tins of Vansapati had been hooked from Rishra Mills Siding to be delivered to the plaintiffs at Giridih. When in due course the delivery of the tins was taken on 18-4-1951 at Giridih Railway Station, it was found that 51 out of 308 tins had been badly damaged and that the contents of the damaged tins were less than what they had originally contained. Each tin originally contained 19i seers of Vanaspati. At the time of taking of delivery the total contents of the 51 damaged tins weighed only 12 Mds, 9 seers and 8 chataks. Thus there was a shortage of 11 mds., 2 seers and 4 chataks.

A shortage certificate to this effect had been granted to the plaintiff at Giridih Railway Station at the time of taking of delivery. The plaintiff thereafter submitted a written claim demanding compensation to the extent of Rs. 1,051/9/9 as being the price, of Vanaspati lost in the transit. The plaintiffs claim ha