Gurtu, J. - (1.) This is an appeal by the Governor General of India in Council, representing the East Indian Railway. Plaintiffs, who are the respondents in the appeal sent a consignment of 400 Mds. of molasses in 550 tins from Nagina railway station on 25-5-1945 to Burdwan and a freight of Re. -/10/6 was charged from them. Upon the goods reaching Burdwan, the railway staff demanded an additional charge of Re.-/15/6 per maund, on the ground that the molasses booked were convertible Khandsari molasses, and not nonconvertible Khandsari molasses. The railway by reason of reclassification of the goods demanded the additional sum of Re.-/ 15/6 per Maund. The plaintiffs refused to pay the additional charge and therefore the goods were not delivered. The plaintiffs then brought this suit for the recovery of the price of molasses, expenses and damages.
(2.) The defendant railway company relied on their power to reclassify the goods, and upon Section 55, Railways Act to detain the goods until the additional charge had been paid. The courts below found that the Khandsari molasses booked were non-convertible khandsari molasses, that they had been correctly classified at the despatching station and that the reclassiflcation could not be made because there was no error in the original classification. The finding as to the nature of the khandsari molasses rested upon the report of the expert. The courts below therefore held that the railway was not justified in detaining the goods and granted a decree on that basis. The trial court, came to its own conclusion in regard to the price of the article and in regard to the damages suffered. All together the decree of the trial court was for Rs. 833/2/-. There was also an order that plaintiffs should take delivery of the 550 tins now lying, at Burdwan. In case these were not delivered the plaintiffs were held to be entitled to recover Rs. 550/- as price of those tins.
(3.) The decree of the trial court was confirmed by the lower appellate Court. ,;