The Karur Municipal Council v. K. Srinivasa Aiyangar
1904-09-06
body1904
DigiLaw.ai
JUDGMENT 1. Upon the findings it seems clear that the plaintiffs suit should have been dismissed. It is found by the District Munsif and also by the District Judge who adopts his findings in effect that the immediate cause of injury to the plaintiffs walls was not the flowing of water into the drain, but the stagnation of the water and sewage let into it by the plaintiff and the consequent corrosion and pressure on the walls of the plaintiffs house. The District Judge also says that " there would have been no stagnation of water had plaintiff, more especially some of his neighbors, not let their domestic refuse water into the drain. 2. It is, therefore, clearly, found that the plaintiffs damage was contributed to by the plaintiffs own acts and was not caused solely by any acts or omissions on the part of the defendants. 3. We, therefore, set aside the decrees of the Courts below and dismiss the plaintiffs suit with costs throughout.