MUNICIPAL BOARD Vs. BSARKAR BAHADUR JOHARI

JUDGEMENT

(1.) This is an appeal from an order of remand by the lower appellate Court arising out of a suit for damages brought by the plaintiff against the Municipal Board of Allahabad. The Court of first instance framed three issues, the third one being one of limitation. It dismissed the suit on the ground of limitation only without deciding the other issues. The lower appellate Court has taken a contrary view and has held that the claim was not barred by limitation and has accordingly remanded the case.

(2.) It appears that the plaintiff is the occupier of a house which has been assessed to a prescribed minimum water tax and his house was connected with the main pipe of the municipal system of water supply upto March 1926. On 31st March 1926 his house was disconnected. After that date the Board admittedly for a long time did not allow him to connect his house with the main. The plaintiff served a notice on the Board on 9 October 1926 but waited for some time before instituting his suit which was actually filed on 30 March 1927.

(3.) The plea of limitation raised by the Board was to the effect that the cause of action accrued in favour of the plaintiff, if at all, on 31 March 1926 and he was bound to sue within 8 months of that date (including the two months allowed for notice) and that there was no fresh cause of action or no accruing cause of action in his favour. Under Section 228(a) there is a statutory duty imposed upon the Board; (a)(i) to maintain a system of water supply through pipes; (ii) to lay on water at a prescribed pressure and during prescribed hours; (iii) to supply water in all the chief streets, and (b) to allow the owner or occupier of any building or land assessed to a prescribed minimum water tax to connect, for the purpose of obtaining water for domestic purposes, the building or land with a main by means of a communication pipe of the prescribed size and description.