ALLAHABAD HIGH COURT
S.N. Katju, J
Municipal Board Mathura – Appellant
Versus
Sri Gopinath – Respondent
| Table of Content |
|---|
| 1. details of the negligence and initial claims regarding property damage. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. court's findings on negligence, statutory duty and maintenance obligations. (Para 7 , 11 , 13 , 16 , 18) |
| 3. arguments of both parties regarding liability and contributory negligence. (Para 8 , 9 , 10 , 12) |
| 4. final conclusions on the board's negligence and implications. (Para 20 , 24 , 26) |
1. This is a second appeal by the Municipal Board Mathura against the concurrent decisions of courts below decreeing the suit of Sri Gopinath, plaintiff - respondent, for recovery of Rs.1500/- as compensation for damages to his house causey by the negligence of the Municipal Board. The facts are these: The plaintiff Gopinath is the owner - occupant of a three storied house in a locality known as mohalla Ratna Kund in the city of Mathura. He filed the present suit on the following allegations:
2. The Municipal Board maintains a water - supply system in the city and has laid a network of pipelines below the ground for tins purpose. Two pipelines, one a main and the other a branch, run close to the plaintiff's house. The branch feeds a Municipal water - tap at the end of the street i
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