JUDGMENT :

Birendra Kumar, J.

1. The plaintiff-appellants had brought Civil Original Suit No.82/95 claiming compensation, for damages caused by fire, against the respondents no.1 & 2. The suit was dismissed by the impugned judgment and decree dated 14.04.1995.

2. Undisputed facts of this case is that one Kishore Singh Sankhla was owner of the house in-question. He let out two shops on the ground floor to respondent no.1 Sardar Joginder Singh and one flat at upper floor for residential purpose in the year 1971. In the year 1979 Kishore Singh Sankhla died and the tenant Joginder Singh shifted his residence from upper floor and started using the same for keeping his business goods i.e. shoes made of different material. The respondent had business of shoes in the shops on the ground floor.

3. On 23.2.1981 in the night at about 1-2 pm fire broke out in the upper portion of the rented premise, which caused damage not only to the goods, rather to the building as well. The rented premise as well as other portion in occupation of the plaintiffs also got damaged due to the fire.

4. The appellants and respondents no.3 & 4, who are descendants of Kishore Singh Sankhla filed suit claiming Rs.50,00/-