1. The 1st defendant, Mannarghat Nair, had in his possession the elephants - both tuskers - of the plaintiff and of defendants Nos. 5 to 14 (who represent the Mankada Kovilagam) which he had obtained from them for processional purposes in a temple. The Mankada elephant gored the plaintiffs elephant to death. The plaintiff brought this suit for damages. The Subordinate Judge found that the Mankada elephant was known by the defendants to be vicious and accordingly awarded damages against the 1st defendant and the Mankada Kovilagam. In appeal the Judge, Mr. Munro, held that the Mankada elephant is an animal ferae naturae and that it was therefore unnecessary to consider whether it was vicious or there was any negligence, and confirmed the decree of the Subordinate Judge.

2. It is contended in appeal that this finding is not correct in law and in the absence of any negligence or knowledge on the part of the defendants of the vicious nature of the elephant, if it is vicious the defendants are not liable. There is also a further contention on the part of the 5th defendant that she is not liable in any event, as the elephant was in the possession of the 1st defendant when it killed