JUDGMENT :- This revision petition arises out of an action by the first respondent herein against the owner of a bus, the first defendant and the conductor of the bus, the second defendant, for the recovery of a sum of Rs. 303-37, being the value of a bag of betel-nuts, which was lost by the negligence of the first defendant and his servant, while he was travelling in his bus from Panruti to Tirukoilur. It is in record that the first respondent herein paid extra charges for his luggage to be carried to his destination. The luggage was handed over to the conductor who stowed it on the top of the bus. On arriving at the destination, the first respondent found his baggage missing and immediately reported it to the conductor, and afterwards also to the owner of the bus. The defendants attempted to trace the baggage, but subsequently they disowned their liability. According to them, it was the duty of the passenger to take care of his luggage, and it was due to his carelessness and negligence that the luggage was lost.

The first respondent herein filed the present suit for recovery of the value of the baggage of betel nuts. The learned District Munsif held that the first defenda