H. N. SETH, J. :- Defendant, National Small Scale Industries Corpn. Ltd. has come up in appeal against the judgement of Civil Judge Agra, dated Oct. 29, 1966 decreeing the plaintiffs suit for recovery of a sum of Rs. 17,687 as damages for the loss suffered by them an account of a fire broke out in bungalow No. 17 Mall Road, Agra Cantt on 5-6-1963. There is also before us a cross-objection by the plaintiffs, Bishambharnath and others, who claim that their suit for damages should have been decreed for a sum of Rs. 56,800/- as claimed by them in the plaint and that the decree under appeal should be modified accordingly.

2. Plaintiffs claim to be the owners of bungalow no. 17 Mall Road, Agra Cantt, which had been leased out to the defendant on payment of Rs. 520 per month as rent. Main building of the bungalow was fairly old and had thatched roofing. According to the plaintiffs, the defendant carried an the business in shoes and in that connection it stored highly inflammable materials in the main building. Even though inflammable articles were being stored in the building, labourers and employees of the defendant had been acting negligently inasmuch as they had, while at work,