( 1 ) THIS is an appeal from a judgment and order of Banerjee J. dated 3rd March 1949 dismissing an application made under Section 45, Specific Belief Act. The petitioner was one of the sons and heirs of the late Samrangini Roy Chowdhuri, who was one of the recorded joint owners and occupiers of a market which was situate at 180 Kalighat Road, Bhowanipore. This market was supplied with filtered and unfiltered water by the Corporation of Calcutta and the owners were charged for this supply of water as water supplied for domestic purposes.

( 2 ) ON or about 22nd May 1917 the Corporation informed the owners that it had been resolved that the filtered water supply to markets and bazaars and the unfiltered water supply for cleansing the stalls, drains, streets (paths) of the markets and bazaars should be charged for under Section 230, Calcutta Municipal Act, at the ordinary rates for the supply of water for non-domestic purposes. The quarterly charge for water for non domestic purpos9s wag Rs. 312 and payment was demanded upon that basis. The owners protested and refused to pay for water at the increased rates, The charges for water mounted up and on or about 27th Novem