K. Gopalan Nambiyar, J.

1. The British India Steam Navigation Company Limited, the defendant in O.S. No. 18 of 1965, Sub Court, Cochin, against whom a suit for damages for short- delivery of 733 bags of raw cashewnuts, was decreed for a sum of Rs. 44,438.03 and interest thereon at 6 per cent per annum from 17th July 1964 (amounting in all to Rs. 46,659.93) is the appellant in this appeal. The plaintiff- respondent purchased from East Africa a total of 350 tons of raw cashew nuts in three lots, 150 tons at Rs. 775 per ton in February-April; 100 tons at Rs. 765 per ton in February- March; and 100 tons at Rs. 775 per ton, in February-April. The defendant-company issued three bills of lading (Exts. P-1 to P-3) for the three lots of nuts, to carry the goods packed in 4445 bags in the vessel s.s. Steliosm and deliver the same at the Port of Cochin. Out of these, 3712 bags alone were delivered at Cochin. 733 bags represented the extent of short-delivery. The proportionate invoice price of the bags short-delivered was worked out at Rs. 44,438.03 for which the claim was laid.

2. The court below recorded that the factum of short- delivery of 733 bags was admitted by the learned counsel