GOPAL DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE successor-in-interest of plaintiff has come in second appeal against judgment, decree dated 4.7.2001 passed by learned Addl. District Judge, Shimla in Cross-Objection No.8-S/13 of 1998 affirming judgment, decree dated 14.10.1997 passed by learned Senior Sub Judge, Shimla District in Civil Case No.35/1 of 1993.

(2.) THE facts in brief are that Badri Dass father of appellant had filed a suit for damages for recovery of Rs.1,55,954/- on the averments that he was owner of two storey house at Suni Bazar below the HP PWD road. The respondents No.1 and 2 had Whether the reporters of the local papers may be allowed to see the Judgment?Yes constructed adjacent to the house of appellant one drain about 2 feet in width and 4 to 5 feet in depth after closing other drains and outlets. The drain was not covered. The entire water of Suni Bazar started passing through the said drain which was not properly maintained by respondents No.1 and 2, the water flowing through the drain spilled over the sides and it started seeping into the foundations of the house of the appellant. The appellant prior to construction of the disputed drain at his own expenses had made proper outlets for draining out the water of his house and hotel, which were removed and uprooted by respondents No.1 and 2 at the time of construction of the drain.

(3.) ON account of seepage of water from the aforesaid drain, the house of appellant was badly damaged. The entire building developed cracks and became unsafe in December 1990. A portion of the house adjoining to the drain started collapsing in January, 1991. The appellant had left with no alternative but to demolish the dangerous portion of his house and constructed the same for which he suffered a loss of Rs.1,55,954/- which according to appellant, respondents are liable to pay.