JOHNY PADIKALA Vs. P.C.HASSAN

JUDGEMENT

(1.) The first defendant in a suit for damages is in appeal challenging the decree against him.

(2.) The first defendant is the owner of a shop room. He had let out the room to the second defendant for storing explosive substances. The plaintiff is the owner of a building situated on the opposite side of the building of the first defendant. He is doing business therein. On 16/11/1997 at about 2.55 a.m., there occurred a huge explosion in the first defendant's building. Consequent thereto, the building of the plaintiff, including the articles therein, were completely damaged. The suit is filed claiming damages to the tune of ' 3 lakhs. The plaintiff alleges that defendants 1 to 3 were doing joint business as partners.

(3.) The first defendant denied the allegation of partnership and his involvement in the business. He denied the claim that he is liable for the damages. It was also pleaded that the building was leased out to the 2nd defendant who was conducting the business on the strength of the required licences.