1. In the suit which is the subject matter of this appeal the plaintiffs alleged that they had let out a house in Mahalla Darzitola in the Patna City Municipality to the defendant on monthly rental. The defendant was a fruit seller and lived! in the house leased out to him by the plaintiffs along with his family. In February, 1949 the house was burnt down by a fire, and the case of the plaintiffs is that the fire was caused due to the negligence of the deft and so the plaintiffs are entitled to compensation in tort. The defendant contested the suit on the ground that the fire broke out suddenly on the north eastern corner of the outer verandah when all the inmates of the house were a sleep and that there was no negligence on his part and that the fire was not due to his negligence. The trial court dismissed the suit on the ground that the plaintiffs failed to prove negligence on the part of the defendant. The lower appellate court has reversed the finding of the trial court and has given a decree for compensation to the plaintiffs.

2. In support of this appeal the argument advanced by the learned Counsel for the appellant is that there is no finding of the lower appellate c