BANKEY LAL Vs. THE MUNICIPAL BOARD, ALIGARH

JUDGEMENT

(1.) THIS is a revision Under Section 115 Code of Civil Procedure by Bankey Lal, Defendant, against the order of the Additional District Judge of Aligarh, dismissing his revision Under Section 25 of the Provincial Small Cause. Courts Act and thereby confirming the decree of the Judge, Small Cause Court, decreeing the suit of the Municipal Board of Aligarh, for a sum of Rs. 112.50P. towards the arrears of the Projection fee due from Bankiy Lal.

(2.) THE Municipal Board, Aligarh, has framed Projection Byelaws Under Section 298 of the U.P. Municipalities Act and fur purposes of the Byelaws the term "projection" includes a culver. The Defendant had placed stone slabs over the Municipal drain outside his house. The case of the Municipal Board is that the placing to stone slabs amounts to the construction of a culvert and a fee as provided in the Byelaws was pay able and when the fee was not paid except for a period of one year the present suit was instituted.

(3.) THE point for consideration is whether the placing of stone slabs merely to cover an open municipal drain to enable persons to cross the drain amounts to the construction of a culvert as contemplated by the Projection Byelaws of the Municipal Board of Aligarh.