H C MUKERJI Vs. K P GOSWAMI

JUDGEMENT

(1.) The short point in this second appeal is as regards the right of a tenant living in a sented accommodation to realise from the landlord the amount which he was compelled to pay to the Municipal Board on account of charge for excess supply of water spent on the premises.

(2.) The facts as found by the two courts below are that the appellant is the landlord owner of the premises which are occupied by a number of persons. The main building happens to be in the occupation of the respondent but the out houses which as appears are large in number are held as tenants from the landlord himself by persons numbering over twenty. The accommodation is situated at Allahabad the Municipal Board of which place besides levying a water rate charges price for any excess water supplied to the occupiers. A certain quantity of water the price whereof amounted to Rs. 53/- was consumed by the persons living in this accommodation. The Municipal Board demanded this amount and threatened in the event it was not paid, to cut off the water connection. The respondent who was one of the tenants living on the accommodation deposited the amount in the Municipal Board and thus saved disconnection. In a suit which the landlord sometime later commenced against him for recovery of arrears of rent, he pleaded adjustment of this amount which has been allowed to him (defendant). The plaintiff-appellant feeling dissatisfied with the above decision has come up in second appeal.

(3.) The appellant's line of reasoning is that the sum of Rs. 53/- being the price of excess water consumed by the persons living on the accommodation they and not he was responsible for its payment. He proceeds to contend that if, therefore, these persons of whom the respondent is one were responsible for its payment he cannot be asked to reimburse it. In this connection it may be of interest to refer to Rule 3 of the U. P. Municipal Water Supply Rules which is to the effect that where any fee or charge is payable under those rules and is made recoverable from the occupier of the building or land and there are more occupiers than one 'the owner of the building or land shall be deemed to be the occupier'.