G C MUNIRAMAIAH Vs. COMMISSIONER BANGALORE WATER SUPPLY AND SEWERAGE BOARD CAUVERY BHAVAN BANGALORE 9

JUDGEMENT

(1.) APPEAL is by the plaintiff challenging the judgment and decree passed by the XVI Addl. City Civil and Sessions Judge, Bangalore in OS 157/1999 on 15.10.2005. Suit was filed by the plaintiff for permanent injunction restraining the defendant Board from interfering and disconnecting the water supply to the schedule property and to award costs.

(2.) ACCORDING to the plaintiff, he is the absolute owner of the property bearing No. 203 situate at Cubbonpet, Bangalore having obtained water connection long back and a meter was installed bearing RR No. 49151/C2/120. It is his case, he is using the water facility for domestic purpose and also paid up to date water charges. He was paying charges at Rs. 1.50 to 2.00 per month and even after revision of the tariff, the bill did not exceed Rs. 10/ - per month. However, a Bill was received for Rs. 80/ -and he gave a representation to the concerned authority for replacement of the meter during April 1995. After taking reading on 17.8.1995, amount was paid in a sum of Rs. 650/ - as charges due from February 1993 to August, 1995.

(3.) BASED on the pleadings, the following issues were framed by the trial court. Whether the plaintiff proves that the defendant has no legal right to interfere with or disconnect the water supply to the suit schedule property as on the date of the suit; Whether the plaintiff proves the alleged illegal interferences and obstructions by the defendants; Whether the plaintiff is entitled to the suit relief sought against the defendant; What order/decree