JAGANNATH Vs. KULLU MUNICIPAL COMMITTEE

JUDGEMENT

(1.) This appeal is directed against the judgment and decree passed by a learned single Judge of this Court in Civil Suit No. 34 of 198 2/11/1989. By means of impugned decree, suit of the appellants, (hereinafter referred to as the 'Plaintiffs') has been partly decreed against Respondent No. 1 (hereinafter referred to as 'Defendant No. 1'), with proportionate costs in terms of the decree, dismissing rest of the claim as set up in the plaint. Defendant No. 1 has filed the Cross-Objections against the decree that has been passed against it.

(2.) A suit for recovery of Rs. 6,32,058/- was filed by the plaintiffs against defendant No. 1 and other respondents who were also arrayed as defendants No. 2 to 4 in the suit, and all of them hereinafter are being referred hereto as defendants. Defendant No. 1 is Kullu Municipal Committee, defendant No. 2 is the Secretary of the Committee. Defendant No. 3 is Deputy Commissioner, Kullu and defendant No. 4 is the State of Himachal Pradesh through Secretary Local Self Government to the Govt. of Himachal Pradesh, Shimla. After conclusion of the trial, a decree for Rs. 6,991/- with proportionate costs as aforesaid was passed.

(3.) We have heard learned counsel for the parties present and have also examined the record of the case to which a detailed reference was made at the time of hearing of this appeal. Facts as they emerge on the basis of the pleadings and evidence are as under :