SWAMIKKANNU, J.:- This is an appeal filed by defendants 1 to 9 in O. S. No.133 of 1974 on the file of the Court of the learned First Additional Subordinate Judge of Tiruneveli, against the judgment and decree dated 2nd Aug. 1978, decreeing the suit for a sum of Rs. 53,548-22 P. with proportionate costs, finding that the plaintiffs are entitled to recover the said sum from the defendants towards damages.

2. The suit itself was one for damages, and the case of plaintiffs-respondents herein was shortly as follows: The plaintiffs are carrying on business in timber with their head office at Ollachi and branch office at Shencottai. The defendants are carrying on business in Shencoittai under the name and style of Poabson and Co. The plaintiffs entered into an agreement with the State Government of Kerala on 19-8-1972 and acquired the right of cutting and removing the entire tree-growth in Achankil forest in Kerala State, for which they had paid a sum of Rs. 7,400/- by way of security deposit to the Government of Kerala, In pursuance of the agreement the plaintiffs cut and collected the tress and stored various timber logs and firewood as described in Schedules 1 to 4 in the plain