SURENDRA NATH KOLEY AND ORS. Vs. KALI KUMAR SEN AND ANR.

JUDGEMENT

(1.) THIS is an appeal from the judgment and decree of the Additional Subordinate Judge, Upper Assam Districts dated 2 -12 -1950 granting plaintiffs a decree for Rs. 12,250/ - against defendants 1 to 5 who have appeased. The suit was dismissed against defendant 6 Plaintiffs have put in cross objections praying for inclusion in the decree of certain items which have been disallowed.

(2.) PLAINTIFFS ' case shortly stated is as follows: Plaintiffs are two brothers. They owned three elephants. These elephants were hired by defendants 1 to 4 through defendants 5 and 6, their employees. Defendant 5 was their manager with power to bind them with the agreement of hire. Defendants 1 to 4 are the proprietors of a sawmill located at Bhanga Bazar within Karimganj Sub -division. Defendant 5 is in charge of the management of the mill and defendant 6 is an employee under him.

(3.) IN pursuance of the agreement of hire defendants paid a sum of Rs. 300/ - on 3 -12 -1945 and Rs. 1,000/ - on 6 -3 -1946, altogether Rs. 1,300/ - to plaintiffs. On 25th March the elephants were sent to the defendants for being taken to the forests. The three Mahuts were in charge of the three elephants. After these elephants had worked in the forest for some time two Mahuts - -Gaurl who was in charge of 'Fulmati' and Satish the Mahut of 'Rajpati' - -left the forest, leaving the elephants there. Bashi, the Mahut of the third elephant remained behind.