Judgment

RAY, C. J.:- This appeal is by certificate from the judgment dated 18 March, 1968 of the High Court of Bombay.

2. The respondent filed the suit against the appellant Municipality for the recovery of Rs. 1,00,012/- as damages suffered to the respondent s property on account of flood caused by the acts of cross negligence on the part of the appellant. The High Court passed a decree in favour of the respondent for Rs. 54,560/- with interest at 6 per cent per annum.

3. The respondent has a structure abutting on the Yacoob Road. The width of Yacoob Road is about 12 feet. On the other side of the road is an open nallah running parallel to the road. The nallah is about 45 feet in width. The nallah provides for passage of dirty water, rain water to the creek during the months of November to May.

4. The Government of Maharashtra demolished a portion of Varala Dam in the month of May, 1963. In consequence the water stored in the lake was bound to pass through the nallah to the creek. The appellant commenced the work of laying cement slab across the nallah in about the second week of June, 1963. The centring work to support and settle the slab continued to remain in its position in the n