( 1 ) THIS appeal under Order 43, Rule 1 (a) of the Civil Procedure Code by the plaintiff is directed against the order, dated 17-9-1958, passed by Shri D. K. Munshi, Second Additional District judge, Bhopal, in Civil Appeal No. 47 of 1957, arising out of the judgment and decree dated 30-4-1959 passed by Shri R. Saxena, Sub-Judge, Bhopal, in Civil Regular. Case No. 59 of L953.

( 2 ) 9-1938, with the then Government of the former State of Bhopal, the material terms of which are as follows :

"that the company was to pay a sum of Rs. 3,000/- per year to the government of Bhopal in lieu of which the company was to get certain concessions in respect of land taxes and other taxes payable to the municipal Committee including the water rate". Clause (6) of the agreement provided as follows : "the Government of Bhopal undertakes to get from the Municipality for the company during such time as they shall carry on their business such quantity of water not exceeding 5,00,000 gallons a day as shall he required for the business of the Company, including therein all water which may be required for any building operations which may be carried on upon the land without any charge. "

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