Court case(1894) ILR 18 Mad 88

An irrigation tank supplied water to a number of villages, some belonging to the Government and some to the defendants as zamindars. The tank fell into disrepair. The Government carried out the repairs, which it was obliged to do and which it did not intend to do gratuitously, and the defendants' villages were benefited by the restored water supply. The Government sued the defendants for their proportionate share of the cost.

The Madras High Court held the defendants liable. The Government had lawfully done the work, it had not intended to do it gratuitously, and the defendants had enjoyed the benefit by using the water. Section 70 required them to compensate the Government for their share of the repairs although no contract existed.