A Municipal Board is liable for damages due to negligence in maintaining water supply pipelines, failing to replace deteriorated infrastructure.

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 in which the plaintiff's house is situate and which is a blind alley. Other pipelines connect the private houses in the street with the main. All these pipelines are underground.

3. Some time in October, 1946 there was a breach in the Municipal pipe - line in the street at two places and leakages in some other lines in the street as a result of which the level of the street near the plaintiff's house subsided. According to the plaintiff, the Municipal Board was under a duty to investigate the cause of this subsidence but it did not take any effective steps to repair the breaches in the pipe line.
Later the branch pipe - line broke at two places and the escaping water spread and percolated into the foundations and the subsoil of the adjoining houses including that of the plaintiff. This caused deep and extensive cracks all over the plaintiff's house which was so damaged as to become unfit and unsafe for human habitation. It required reconstruction in many parts. The plaintiff also received a notice from the Municipal Board requiring him either to pull the house down or repair it within 24 hours. The notice was accompanied by a threat that in case of default the Board would demolish the house.

4. The plaintiff alleged that the damage to his house was caused by the wanton carelessness and negligence of the Municipal Board and he was entitled to recover from it Rs.1500/- as the probable cost of re - construction and repairs. The plaintiff had asked the Board to pay compensation but the Board had ignored his demand, the suit. The Municipal Board contested the suit and denied all liability. It was however, admitted in the written statement that a complaint was received by the Chairman of the Board on or about 13-11-46 that certain houses in Mohalla Ratan Kund were developing cracks, but it was pleaded that the waterworks staff of the Board promptly went to the locality to investigate the cause of the damage. They dug up about 40 feet of the street pavement and examined all the communication pipes including the one leading up to the Municipal tap at the end of the street. It was discovered that the private communicating pipeline belonging to one resident was leaking and his water supply was immediately cut off.
All the other communication lines were found to be intact. In due course the leaking pipe was replaced by the house owner through a private contractor and then the pavement was repaired and covered up by the Board. On the 1st February, 1947 the Water Works Superintendent again examined the Municipal mains and found them to be in running order and the street watertap supplying water as usual. But on the 4th of February it was reported to the Board that the water tap was no longer discharging water. The Board alleged that this was due to the deliberate misc