JUDGEMENT :- The plaintiff is the appellant. He filed a suit for the recovery of the sum of Rs. 750/- as and for damages in respect of a transistor. The plaintiff is a teacher employed in Olagappampalayam. The first defendant is the son of the second defendant and he was studying in the S.S.L.C. class in Olagappampalayam High School. On 25-5-1965 the first defendant stole the Phillips Model Transistor belonging to the plaintiff, who gave a complaint to the Thruchengode Police against the first defendant. The police, after investigation charged defendants 1 and 2 for offences under Sections 454 and 380, I.P.C. The first defendant also gave a confessional statement. The first defendant was convicted under Sections 454 and 380, I.P.C. The second defendant was also convicted but in the judgement in C. C. No. 1949 of 1965 it is stated that he was convicted under Section 380 or 411, I.P.C. When the transistor was returned to the plaintiff after the prosecution was over, he found it was not working. He gave it to G. E. C. Company for repairs but they reported that the transistor was irrepairable. Thereupon he filed the suit claiming the sum of Rs. 750/- as damages. The defendants filed a

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