AMIYA KUMAR Vs. JAGANNATH GHOSH

JUDGEMENT

(1.) This is a defendant's application in revision. The suit was for recovery of Rs. 2133.33.

(2.) The plaintiff-opposite party alleged that he was a monthly tenant in the premises. Since 1970, the defendant was the landlord. The defendant had agreed that he will supply tap water to the plaintiff from 8.30 a.m. to 9.30 a.m. and 3.30 p.m. to 5.30 p.m. But since Mar. 1975 the defendant stopped the supply of water. The plaintiff had to purchase water from outside through a water carrier. He had to pay Rs. 2133.33 for it from May 1975 to April, 1978. The defence was that the Corporation supplied water at low pressure. Hence the difficulty. The defendant was not responsible. He denied the claim.

(3.) The Judge of Small Causes Court held that the low pressure of the water supplied by the Corporation, was the cause of non-supply of water to the plaintiff. The defendant was not liable. The plaintiffs case that he had paid the stated amount for purchasing water from outside was disbelieved on the ground that the documents were manufactured. On these findings, the suit was dismissed.