MUNICIPAL BOARD Vs. GOPI NATH

JUDGEMENT

(1.) This is a second appeal by the Municipal Board Mathura against the concurrent decisions of courts below decreeing the suit of Sri Gopinath, plaintiff-respondent, for recovery of Rs. 1500/as compensation for damages to his house caused by the negligence of the Municipal Board. The facts are these: The plaintiff Gopinath is the owner-occupant of a three storied house in a locality known as mohalla Ratna Kund in the city of Mathura. He filed die present suit on the following allegations:

(2.) The Municipal Board maintains a water-supply system in the city and has laid a network of pipelines below the ground for this purpose. Two pipelines, one a main and the other a branch, run close to the plaintiff's house. The branch feeds a Municipal water-tap at the end of the street in which the plaintiffs house is situate and which is a blind alley. Other pipelines connect the private houses in the street with the main. All these piper lines are underground.

(3.) Some time in October, 1946 there was a breach in the Municipal pipe-line in the street at two places and leakages in some other lines in the street as a result of which the level of the street near the plaintiff's house subsided. According to the plaintiff, the Municipal Board was under a duty to investigate the cause of this subsidence but it did not take any effective steps to repair the breaches in the pipe line. Later the branch pipe-line broke at two places and the escaping water spread and percolated into the foundations and the subsoil of the adjoining houses including that of the plaintiff. This caused deep and extensive cracks all over the plaintiff's house which was so damaged as to become unfit and unsafe for human habitation. It required reconstruction in many parts. The plaintiff also received a notice from the Municipal Board requiring him either to pull the house down or repair it within 24 hours. The notice was accompanied by a threat that in case of default the Board would demolish the house.