1. The revision petitioner despatched four bundles of dry fish by the Southern Railway represented by the respondent, on the 18th December, 1960, from Vallikkunnu, a railway station in the State of Kerala, to Sagara, a railway station in the State of Mysore, under Way-bill, Ext. A-1. By mistake, the petitioner despatched the Way-bill to a wrong address in Shimoga and it was returned to him un-served. The petitioner then directed his agent at Sagara to take delivery of the goods; but in the meantime, the Station Master at Sagara, had sold the goods in public auction on the 19th January, 1961, and the petitioner's agent could not take delivery. The petitioner thereupon instituted this suit against the respondent for damages for conversion. The suit was dismissed by the Munsiff, who held that the goods have been validly sold by the Station Master, Sagara, under R.7 (e) of the 'Rules for warehousing and retention of goods' framed under S.47 (1) (f) of the Indian Railways Act, 1890. The contention of the petitioner in revision is, that the sale was unauthorised and invalid and therefore the respondent is liable.

2. The goods consigned being dry fish, are of course perishable