HEMANT VERMA Vs. GULSHAN KUMAR

JUDGEMENT

(1.) IA No. 8682/2010 (u/S. 151 CPC) This is an application for restoration of water supply to the portion occupied by the plaintiff in the suit property. The case of the plaintiff is that the water supply to the portion occupied by him was blocked by defendants 1 and 2, which later also removed the water pipe which goes to the first floor and threw it on the door of the plaintiff. The plaintiff has accordingly sought restoration of the water supply to the first floor portion occupied by him in the suit property.

(2.) THE application has been opposed by defendants 1 and 2. THE learned counsel appearing for defendants 1 and 2 states that the portion occupied unauthorisedly by the plaintiff on the first floor of the suit property never had water supply in it and there is a false averment alleging removal of pipe by defendants 1 and 2. A perusal of the record of the Local Commissioner dated 18th March 2009 shows that the portion found to be in possession of the plaintiff on first floor comprise two rooms, one kitchen, one bathroom, one WC and some open space along with a small balcony in front of rooms. Since the portion occupied by the plaintiff also included kitchen, bathroom, and WC, it is difficult to accept that no water was being consumed in the portion occupied by him.