BALWINDER SINGH Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) THIS is plaintiff's second appeal against the judgment and decree dated 19.10.2004 passed by District Judge, Patiala whereby, appeal preferred by the defendant-respondent-Municipal Committee Samana has been allowed and judgment and decree dated 26.2.2004 passed by Additional Civil Judge (Sr. Divn.) Samana has been set aside and consequently, the suit dismissed.

(2.) THE appellant herein filed a suit for recovery as compensation to the tune of Rs. 2 lacs on account of damages caused due to overflowing of drain of the Municipal Committee into his fields. The trial Court assessed the damage at the rate of Rs. 1000/- per kanal per annum and passed decree for Rs. 61950/-. In the appeal preferred, the first appellate Court set aside the decree and dismissed the suit. The appellate Court recorded that there is no evidence to establish the damage.