J. B. MEHTA, N. M. MIABHOY, J.

( 1 ) CIVIL Revision Application No. 826 of 1960 is made under sec. 25 of the Provincial Small Causes Courts Act and is directed against the decree passed by the learned Civil Judge ( Senior Division ) at Broach in Small Cause Suit No. 370 of 1958. That suit was brought by petitioner herein for recovery of a sum of Rs. 1099-74 np. on the allegation that the opponent Union of India which was at the relevant time the owner of the Western and the Central Railways had failed to discharge its duty as a bailee in respect of a part of a consignment booked from Bhopal to Broach. The Union of India contested the suit on a number of grounds The ground material to be mentioned for the purposes of this revision petition is that the petitioner was not entitled to sue on the facts and circumstances of the case. It is not necessary to mention the other defences of the Union because it is conceded by Mr. Majmudar that those other defences would fall to be considered only if a finding is recorded in favour of petitioner that he was entitled to sue. The learned Judge upheld the contention of the opponent that petitioner was not entitled to sue. It is this finding which is challenged in the revision petition. We shall mention presently the various grounds on which the finding is challenged by Mr. Majmudar. The same point also arises for determination in Civil Revision Application No. 1132 of 1960. That petition has been also fixed for hearing along with the present petition. We heard Mr. Rawal in support of that petition. The additional arguments which Mr. Rawal advanced will be considered in this petition.

( 2 ) BEFORE we mention the various submissions on which the Civil Revision Application No. 826 of 1960 was sought to be supported we may briefly state the facts of that case. On the 8th June 1957. Bhopal Pharmaceuticals Company Ltd. ( hereafter called pharmaceuticals) consigned nine drums of French Polish to self to the railway authorities at Bhopal railway station under a goods invoice bearing No. 3 and railway receipt bearing No. G-6368/28 for being carried to the railway station at Broach. This Railway Receipt ex. 15 was endorsed by the pharmaceuticals to the order of M/s. New Era Trading Co That company endorsed the Railway Receipt to the order of the Central Bank of India. The latter endorsed it to the order of one Mohanlal Tribhovandas. This Mohanlal made the last endorsement on the railway receipt which reads as follows:-The goods of this railway receipt have been sold to Ebrahim Isapbhai (petitioner ). On the 1st July 1957 petitioner went to the Broach railway station for taking delivery of the goods. At that time he found six drums cut and crushed. Three of those drums were completely empty. The remaining three drums were partially empty. Thereafter petitioner made a claim for compensation from the Railways for breach of their duty as bailees. He gave the usual notices. When his claim was refused he instituted the present suit from which this revision petition arises claiming Rs. 1 14 np. for short delivery Rs. 55/as railway freight Its. 30 as interest on the amount of the price upto the date of the suit and the costs of the suit. The opponent contested the suit inter alia on the ground that petitioner had no right to file the suit. From the Judgment of the learned Judge it appears that petitioner had claimed a decree on the basis that he was the owner of the goods represented by the railway receipt. The learned Judge found that petitioner had failed to establish that he was the owner of the goods. In this revision petition petitioner has contended that that finding was perverse. We are unable to agree with this contention. Petitioner has examined one Thakorlal Ambalal in support of his claim that he was the owner of the goods aforesaid. Prom the evidence of Thakorlal it appears that petitioners case was that he had sent Thakorlal to Bhopal for purchase of drums that Thakorlal contacted M/s. New Era Tra

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