Kulatungam V. Sabapathi Pillai

 

Present: Mr. Justice Wendt and Mr. Justice Grenier.

 

KULATUNGAM v. SABAPATHI PILLAI et al.

 

D. C., Batticaloa, 2,956.

 

Damage of property leased by fire-Accident-Burden of proof-Roman-Dutch Law.

Where property leased is destroyed or damaged by fire, while in the occupation of a lessee or tenant, the onus lies on the lessee or tenant to prove that it was due to accident and not to negligence.

Bastian Pillai v. Gabriel1   followed.
 
    THE plaintiff sued the defendants, who were tenants of a house belonging to him, for damages for the destruction of the house by fire while in the occupation of the defendants. The District Judge dismissed the plaintiff's action, on the ground that no negligence had been proved on the part of the defendants.
The plaintiff appealed.

 

 Bawa, for the plaintiff, appellant.

 

Van Langenberg (with him Balasingham), for the defendants, respondents. 

Cur. adv. vult.

 

October 6, 1908.    WENDT J.-

 

The plaintiff seeks to recover damages for the destruction of his house by fire while in the occupation of the defendants, his tenants. There was no direct evidence as to the origin o

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