commissioner holds that this damage was the result of a “ Jaffna hearth ”(a stove which bums firewood) being used at that place over a period ofseveral weeks. According to the appellant herself, though there was akitchen downstairs this stove was used in the sleeping quarters upstairsby the occupants of the house to boil water for their tea and coffee.There were about 12 permanent residents, and in addition to them asmany as 15 to 20 others would lodge there from time to time. Therewere vessels filled with water for their use placed on the floor upstairs,and water constantly leaking and dripping from these vessels over a longperiod of time had soaked into the floor-boards until they were in dangerof decaying as a result. It was contended for the appellant that thesefacts were insufficient to justify the finding that the condition of thepremises had detciiorated. I do not agree. There was a permanentand substantial change for the worse in the condition of the floor-boards.In the learned commissioner’s opinion this change amounted to a deterior-ation of the condition of the dwelling-house. I am unable to say thatthere was no basis for that view.
There appeared to be no sufficient ground for interfering with thelearned commissioner’s finding that the case fell within proviso (d) andthe appeal was therefore dismissed with costs. ,
Apjjeal dismissed.