1974 Supreme(Raj) 25
MODI
Chandrabhan Bansilal – Appellant
Versus
Municipal Council, Bikaner – Respondent
Advocates Appeared:
C.K. Garg and S.K. Keshote, for Appellant; C.D. Mundra, for Respondent
MODI, J.—This is an appeal by the plaintiff against the judgment and decree of the Civil Judge, Bikaner, dated 10-12-71 dismissing the suit for recovery of Rs. 17,600/-The facts of the case which are no longer in dispute are as follows Messrs Chandrabhan Bansilal Ramratandass, a partnership firm, owns a building known as Narsingh Bhawan Daga Building at K. E. M. Road in Bikaner. A dispute was going on between the owner of the building and the Municipal Board, Bikaner, about the disposal of the waste water coming out of the said building. The Municipal Board asked the owner to make proper and satisfactory arrangements for the disposal of the waste water. The Municipal Board also suggested to the owner to pay Rs. 8899/-, the estimated cost, for construction of septic tank and soak-pit outside the building. When the owner neither made proper arrangements for the disposal of the waste water nor paid the estimated amount for constructing the soak-pit, the Municipal Board on 12-4-46 served a notice under sec. 81 of the Bikaner Municipal Act calling upon the owner Narsingh-das Daga to make arrangements for the disposal of the said waste water to the satisfaction of the Board or to pay the
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