MUNICIPAL BOARD, MEERUT Vs. MAHA KUNWAR

JUDGEMENT

(1.) These two appeals have been filed against the decree passed in suit No. 7 of 1957, which was filed by Smt. Maha Kunwar, plaintiff-respondent in each of appeals, for recovery of Rs. 12,500/- as compensation. The Court below has passed a decree against the two defendants jointly and severally for the aforementioned sum-with pendente lite and future interest thereon at the rate of 6% per annum. The defendants have filed separate appeals.

(2.) The plaintiff is the widow of one Deputy Mal and the mother of Shail Kumar and the grand-mother of Adesh Kumar. Om Parkash appellant is the owner of house No. 117, Mohalla Dalampura in the city of Meerut, abutting a public street. The house was in a dilapidated and dangerous condition and the Municipal Board, Meerut had given notice to Om Prakash in July, 1953 and on 5th April 1954, under Section 263 of the U.P. Municipalities Act, 1916 (hereinafter referred to as the Act). Om Prakash neither demolished the house, nor made necessary repair. The Municipal Board, Meerut also did not take any action under sub-section (2) of Section 263 of the Act. On 2nd March, 1955, at about 12.30 p.m. Deputy Mal, accompanied by Shail Kumar and Adesh Kumar was passing through the public street abutting the house when it collapsed causing fatal injuries to Shail Kumar and Adesh Kumar who died on the spot and to Deputy Mal, who subsequently died in the hospital where he was taken for medical treatment. Maha Kunwar filed suit No. 7 of 1957 claiming Rs. 12,500/- by way of compensation both from Om Parkash and the Municipal Board, Meerut on account of the death of her husband and her son Shail Kumar.

(3.) The suit was contested by both the defendants, who filed separate written statements. The pleadings of the parties give rise to the following issues, -