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 estimated cost of the entire scheme within 15 days of the receipt of the notice failing which action will be taken according to law and water supplied to building might be stopped without further notice. It appears that ultimately the owner agreed to deposit Rs. 8799/- for the construction of a soak-pit and septic tank and sent a cheque for the said amount to the Municipal Board, Bikaner, on 22 3-48. The Municipal Board accepted the cheque and the amount was credited in its account with the State Bank of Bikaner on 8 4-48. On 19-12-49 the Municipal Boards President informed the owner that necessary construction relating to the disposal of the waste water of the building will be got completed most probably in the last week of January 1950. When nothing was done for several months, the owner enquired vide letter dated 24-6-50 as to when the work was expected to be completed. In reply the Executive Officer of the Municipal Board informed the owner vide letter dated 14-7 50 that the matter had been referred to the Electrical and Mechanical Department and the action taken in this connection would be intimated in due course. Thereafter it appears that neither the owner nor the Municipal Board took any steps for the construction of the septic tank and soak-pit. On 1-3-66 the owner received a demand notice from the Municipal Council, Bikaner, which, in the meantime, had succeeded to the Municipal Board, for payment of house-tax amounting to Rs. 3131.25. The owner in his reply dated 30-9-67 requested the Municipal Council to adjust the house-tax amount from the amount of Rs. 8799/- lying in deposit with the Council against the construction of the septic tank and soak-pit. The Municipal Council vide its letter dated 7.11.67 replied that it was not possible to effect the adjustment as desired. The owner Messrs Chandrabhan Bansilal Ramratandass then served a notice on 4-12-67 calling upon the Administrator, Municipal Council co refund the amount of Rs. 8799/- together with interest at the rate of six per cent per annum. The Municipal Council gave no reply to the notice of the plaintiff. The plaintiff therefore brought the suit out of which this appeal has arisen, on 3-3-68 for the recovery of Rs. 8799/- as principal and Rs. 8799/- by way of interest plus Rs. 2/- as notice expenses total Rs. 17600/-.

2. The plaintiff alleged in the plaint that the amount of Rs.8799/- was deposited with the Municipal Board for specific purpose and as Amanat and since the Municipal Board neither spent the amount nor carried out that specific purpose nor it was making a refund of the amount, the plaintiff was entitled to a decree for the suit amount. The suit was resisted by the defendant-Municipal Council, Bikaner, on various grounds. The defendant expressed its ignorance as to dep

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