Horace Owen Compton Beasley, Kt., C.J.

1. This is really a comparatively simple case although a great deal has been made of it here, and certainly one part of the case, although it does not affect the matter, give rise to a considerable amount of discussion. With that I will deal later.

2. The suit was filed by the petitioner against the South Indian Railway Company claiming a refund of an excess charge levied by the company at Podanur on a consignment of 200 bags of cocoanut oil-cakes and also a charge made for demurrage as well. There was also a claim for interest. The bags were consigned at Rajahmundry on 20th September, 1932, the destination of the consignment being Podanur. The bags arrived at Podanur and on 27th September, 1932, a sum of Rs. 159-14-0 was tendered as freight for the bags by the petitioner to the Railway Company. The company refused to deliver the consignment to the petitioner, unless an excess charge of Rs. 90-8-0 was paid and also a smaller sum of Rs. 7-15-0 for demurrage. On 29th September, 1932, the amount of excess charge and demurrage was paid by the petitioner under protest and delivery of the bags taken. The goods when they were put on the railway