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CHATURVEDI
Motilal – Appellant
Versus
Badrilal – Respondent


Advocates Appeared:
Sanghi, for Applicant; Rudra for Opponent.

JUDGMENT :

The plaintiff had been at the material date a tenant of the defendant. His suit for recovery of Rs. 84-5-0 against the defendant for repairs of the pipe in the house has been dismissed by the Small Cause Court, Indore. This is his revision against the order of the said Court.

2. The Municipality, Indore, sent a notice (Ex P/4) on 28-7-1952 to the defendant, the house owner, stating that his private pipe in the house was in disorder and water was coming out of it and flowing over the land; the pipe should be put in order within 24 hours otherwise the connection would be cut off. Somehow or other this notice was received by the plaintiff who sent a notice to the defendant on 29-7-1952. The defendant in his reply on 31-7-1952 stated that he was willing to undertake repairs and that the plaintiff should not undertake it. It is, however, alleged in the plaint that the plaintiff had already purchased the material and, therefore, he got repairs completed. The total expenses came to about Rs. 73-2-0.

3. It is important to note that at that time litigation was going on between that plaintiff and the defendant. The defendant had filed a suit for ejectment against the plaintiff and ha











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