MANOJ KUMAR SHRIVASTAVA Vs. ARVIND KUMAR CHOUBEY

JUDGEMENT

(1.) This appeal is directed against the judgment and decree D/- 16-12-97 in Civil Suit No. 7-B of 1996, by First Additional District Judge, Sagar, whereby the Claim in suit of plaintiff/respondent No. 1, for damages was decreed against the appellant.

(2.) The facts no longer in dispute are that the appellant on the relevant time i.e., in December 1991 was posted at Sagar and was holding three charges, viz., Administrator Municipal Corporation; Additional Collector and Settlement Officer. An encroachment removal drive was carried out by the Municipal Corporation, Sagar in December, 1991. It has also not been disputed in this appeal that the structure of the 'Lily Hotel and Restaurant' run by plaintiff/respondent No. 1 was also demolished during the said drive.

(3.) The plaintiff's case stated in brief was that he was running the aforementioned hotel. The said hotel was situated on the land of Dev Janki Raman Trust, Sagar, at Civil Lines, Near Collectorate, Sagar. He had obtained tap connection from the Municipal Corporation Sagar for the said Hotel. The said tap connection was illegally disconnected. The plaintiff therefore filed Civil Suit No. 22-B/90 against the Municipal Corporation, Sagar. It was also averred by the plaintiff/respondent No. 1 that lot of pressure was brought upon him, by the Municipal Corporation, Sagar for compromise in the said suit to which the plaintiff did not agree, hence, the then Administrator-the present appellant got annoyed with plaintiff/respondent No. 1.