M KUPPUSAMY Vs. VISWANATHAN

JUDGEMENT

(1.) The plaintiff is the appellant herein. He filed the suit against the respondents-defendants for recovery of Rs. 5,000/- towards damages.

(2.) The case of the plain tiff is this :- The suit premises originally belonged to the father of the plaintiff. The defendants took the same on lease from him from 1.8.1975 for running a shop in drugs and Pharmaceuticals. In 1972, the plaintiff, the appellant herein, purchased the suit premises from his father. Since then, the plaintiff became the landlord of the suit premises. On 16.3.1976, fire broke out in the suit premises due to the fact that huge combustible garbage such as straw, waste paper, big wooden boxes, etc., which had become decomposed and abandoned and due to reckless negligence and throwing of cigaratte and beedi butts therein. The fire was so serious that it could be brought under control by the fire fighting service only after strenupus efforts. As a result of the fire, the suit premises suffered serious damages, which is only because of the negligence of the tenants, the respondents herein, who failed to keep the premises in good order. Under the terms of the lease, the tenants are liable to deliver vacant possession of the premises at the expiry of the lease in the same condition as it was at the beginning of the tenancy. The estimation of the damage is about Rs.5,000/-.

(3.) The case of the defendants is this :- The defendants did not store huge combustible garbage in the suit premises. The fire accident which took place on 16.3.1976 was not due to the negligence of the defendants. The damages claimed for Rs. 5.000/- is exaggerated. At any rate, it was not due to the negligence of the defendants.