DUBRAJ SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN May, 1986, the appellant let out the suit premises, which was a godown measuring 50' 37', situated on plot No. 582 in village Ghure, within Palamu district to the respondents for the purpose of storing Bidi (Kendu) leaves on monthly rental of Rs. 320/-.

(2.) ON 1.4.1987, there was conflagration of fire in the stock of Bidi leaves stored in the suit premises, whereby the roof, floor, walls and construction of go-down were also damaged. According to the appellant, damage to the godown was occasioned on account of negligence on the part of the respondents. They had not made arrangements of proper measure against fire in the suit premises. The appellant was, therefore, liable to be compensated to the tune of Rs. 50,000/- for repairs of the godown and restore the suit premises.

(3.) ACCORDING to the respondents, the godown was let out with full knowledge that fully dried Kendu leaves were to be stored therein, still appellant did not get it insured as a measure of abundant precaution. The suit premises was a Kachha-Khaparail godown and there was no agreement for payment of compensation in case of fire or any other damage to the godown and so respondents were not liable to pay damages, if any, to the appellant.