Law:

Section:

Tort--- ----Compensation, suit for---Award of contract in favour of plaintiff by defendant (Municipal Committee), for recovering its current and outstanding dues of water charges---Defendant had initially shown arrears of Rs.7,57,105 against 306 defaulters, which plaintiff, despite hectic efforts, could not recover---Plaintiff's claimed compensation to the extent of Rs.7,57,105, which was adjusted by defendant to the tune of Rs.1,59,390 with intervention of Minister of Local Government---Suit by plaintiff for recovery of remaining amount as compensation---Admission of Tax Officer of defendant (Municipal Committee) as witness that sum of Rs.7,57,105 was due and payable by defendant---Plea of defendant was that after award of compensation to the tune of Rs.1,59,390 with sanction of the Minister, defendant was not bound to compensate plaintiff for un-recovered amount from untraceable water consumers and that plaintiff by accepting Rs.1,59,390 as compensation without any protest was estopped in law from filing suit---Validity---Defendant had fraudulently shown sum of Rs.7,57,105 as arrears in books on account of untraceable water connection charges---In view of admission of defendant's official witness, plaintiff was not legally estopped from suing defendant for redress of his grievance and recovery of compensation amount claimed by him---Suit was decreed in circumstances. A.R. Khan v. P.N. Boga PLD 1987 SC 107 distinguished. JUDGMENT RANA BHAGWANDAS, J. ---This appeal with leave of the Court is directed against judgment, dated 18-2-2000 of the Peshawar High Court, Abbottabad Bench dismissing appellants' appeal against judgment of senior Civil Judge, Mansehra decreeing a suit for recovery of Rs.7,57,105 filed by the -Respondent. 2. Facts of the case precisely appear to be that -Respondent secured a contract from the appellant-Municipal Committee for recovery of current and outstanding dues of water charges for a sum of Rs.16,00,000. At the time of entering into contract, appellant-Municipal Committee had shown arrears of Rs.7,57,105 against 306 defaulter water connections. -Respondent, afterward of the contract against his highest bid, made hectic efforts to…

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