This is a suit which has been filed for the recovery of Rs. 60,540/- from the Corporation of Madras by way of damages.

2. The facts are : On 11-5-1953 at about 8 p.m. Ramachandra Rao Naidn, the husband of the first plaintiff and the father of the second plaintiff, who was employed as Superintendent, Book and Budget Section, Accountant-Generals Office, Madras and was drawing a salary of Rs. 290/- plus allowances totalling Rs. 350/- and who had good prospects of promotion as Assistant Accounts Officer, was returning from his office to his house at No. 37, Perianna Mudali Street, G.T. Madras.

On the way, while he was passing through the Portuguese Church Street Seven Wells and apparently by the side of a Corporation ventilator iron post on the pavement adjoining the Corporation play ground, it is stated to have fallen on him and caused him head injuries which brought about his death that night.

Two persons who are said to have been in the Corporation play ground taking exercises viz., P.W. 4, Abdul Razack and his brother P.W. 5 Ahmed Siddick, on hearing the noise of the falling iron post ran there and round Ramachandra Rao Naidu fallen on the road with head injuries and the iron