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NARINDER KUMAR JAIN versus STATE OF HARYANA

High Court of Punjab and Haryana, Chandigarh

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Narinder Kumar Jain v. State of Haryana - RSA-1683-2006 [2006] RD-P&H 3025 (9 May 2006)

R.S.A. No.1683 of 2006 -: 1 :-

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

R.S.A. No.1683 of 2006

Date of decision: May 11, 2006.

Narinder Kumar Jain

...Appellant

v.

State of Haryana

...Respondent(s)

Present: Shri O.P. Goyal, Senior Advocate with Shri Parmod Goyal, Advocate for the appellant.

Surya Kant, J. (Oral)

Notice of motion.

Mr.Narender Sura, Assistant Advocate General, Haryana accepts notice.

Heard Learned Counsel for the parties at length.

This regular second appeal has been filed by the plaintiff whose suit was decreed by the civil court but has been dismissed by the first appellate court. The appellant sought a decree for mandatory injunction to direct the authorities of the respondent-State to instal a water connection in House No. 3787-88, near Police Station, Sadar Bazar, Ambala Cantt.

without compelling the appellant to deposit the alleged arrears of water charges amounting to Rs.4142/-.

The appellant's suit has been dismissed by the first appellate court mainly on the ground that even if the water charges in dispute were outstanding against the previous owner, the appellant having stepped into R.S.A. No.1683 of 2006 -: 2 :-

his shoes, is liable to discharge the said liability.

Having regard to the fact that the dispute pertains to a paltry amount of Rs.4142/- and even if gives rise to a substantial question of law, it appears expedient to dispose of it with liberty to the appellant to pay the arrears of the water charges as were outstanding on the date when he purchased the subject property and the respondent shall not charge or claim any interest from him on the said amount. Upon deposit of such arrears, the necessary water connection in favour of the appellant shall be released within one month. The appeal is accordingly partly allowed and the impugned judgment and decree dated 14.2.2006 passed by the learned First Appellate Court is modified to the extent afore-mentioned.

No costs.

May 11, 2006. [ Surya Kant ]

kadyan Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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