( 1 ) THIS regular first appeal has been preferred against the judgment and decree passed on 3/1/1997 by learned Single Judge of this Court decreeing the suit of the plaintiff against defendant/appellants for recovery of Rs. 50,00,000. 00 lacs. Cross objections have been filed by reepondents 1 and 2 representing the estate of the deceased plaintiff. facts in brief are that on 11/8/1970 Kalus mittelbachert, a national of the Federal Republic of Germany and employed as a Co-Pilot by Deuteche lufthansa Aktiengesellsschaft, a company organised under the laws of the Federal Republic of Germany filed a suit for the recovery of damages to the extent of Rs. 50,00,000. 00 lacs against the defendants/ appellants, inter alia, alleging that in the evening of 11/8/1972 he flew into New Delhi from bangkok with flight Lufthansa 647 and was to continue to Frankfurt with flight LUfthansa 649 on 14/8/1972. The plaintiff checked in and stayed at the appellant s hotel.

( 2 ) AS a part of the hotel the residents were offered facility of a Swimming Pool equipped with a diving board. In the afternoon of 13/8/1972 the plaintiff visited the pool with the purpose of using it. At about 6 p. m.