STRAW PRODUCTS LIMITED Vs. MUNICIPAL BOARD

JUDGEMENT

(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 :

(3.) THE respondent served a notice, dated 24-4-1950, (Ex. P. 16) upon the appellant, intimating that Clause 6 of the agreement dated 24-9-1938, was inoperative, as it contravened Section 201 of the Bhopal Municipalities Act. The respondent called upon the appellant to pay the water rate at the rate of As. 0-120 per 1,000 gallons, as was sanctioned by the Government under Rule 5 of the water Supply Rules applicable to the Municipality. By a further notice dated 15-31951 (Ex. P. 17) the respondent called upon the appellant to pay the amount of rs. 3,000/-which was payable to the former State of Bhopal by Clause 1 of the agreement dated 24-9-1938 (Ex. P, 40), As the appellant refused to pay the water rate as demanded, the respondent started proceedings for recovery of the amount through coercive processes.