B.P. Dharmadhikari, J.—Special Civil Suit No. 54 of 1989 filed by the respondent for recovery of damages of Rs.1,99,650 has been decreed by the judgment also dismissed counter-claim of appellant complaining about damages of Rs. 8,10,993 and for recovery of amount of Rs. 3,00,000. The present first appeal challenges this judgment and decree.

2. On 2.5.1989, there was a fire in Rice-hay stacking yard of the appellants. In that fire a truck having Registration No. MHG-7535 was destroyed. The haystack stored by the appellants for manufacturing paper was also destroyed. The plaintiff claimed damages from defendants for his truck while defendants through counter-claim sought to recover damages sustained by them. After deducting the insurance claim as received by them, the defendants claimed decree of three lakhs against the plaintiff.

3. I have heard Shri Muley, learned counsel for the appellants/defendants and Shri Talmale with Shri Solao, learned counsel for the respondent/plaintiff.

4. Shri Muley, learned counsel has contended that there was no privity of contract between defendants and plaintiff. The contract to supply rice-haystack (Tanis) was given by the defendants to one