CHIEF EXECUTIVE OFFICER Vs. SHANTILAL ZUMBERLAL BALDOTA

JUDGEMENT

(1.) HEARD Shri S. T. Shelke Advocate for the appellant and Shri V. J. Dixit. Advocate for respondent Nos. l and 2,

(2.) THIS is an appeal preferred by the original defendant No. 3 against the judgment and decree dated 26. 2. 1998 passed by the 2nd Joint Civil judge. Senior, Division. Ahmednagar in Special Civil Suit No. 683 of 1994. By the said judgment and decree, all the defendants including defendant No. 3 ware held jointly and severally liable to pay an amount of rs. 2,17,820. 00 to the plaintiffs with interest at the rate of 15% p. a. from the date of filing of the suit the realisation of the amount.

(3.) THE facts relevant for the decision of this appeal may briefly be stated as under : the respondents Nos. 1 and 2 (hereinafter referred to as the plaintiffs) filed Special Civil Suit No. 683 of 1994 alleging and contending that there was scarcity of drinking water. The present respondent No. 4 i. e. Tahsildar, Karjat made requisition, of plaintiffs borewell vide order dated 21. 2. 1992 for supply of water for drinking purpose for the period from 22. 2. 1992 to 22. 5. 1992 between 7 a. m. to 7 p. m. The borewell is situated in the land s. No. 731 (G. No. 574) at Karjat, Tq. karjat. The diameter of the borewell is 6". According to the plaintiffs, the defendants have taken water of the borewell during the above referred period between 7 a. m. to 7 p. m. They submitted that the defendants had taken 340 liters water per minute daily for 12 hours for 91 days i. e. 1092 hours and total quantity in litres 2,22,76,800. The plaintiffs have supplied the machinery for lifting the water. They submitted that for supply of the said water, they are entitled to get the amount at Rs. 1/- for 150 litres of water. They have calculated the amount payable to them at this rate and claimed an amount to the tune of Rs. 1,48,512/ -. They demanded the said amount from the defendants. They issued notice to the defendants. Despite notice, the defendants failed to pay the said amount to the plaintiffs. Hence, they filed suit for recovery of the said amount with interest at 18% p. a.