High CourtsFull Bench(1918) 04 CAL CK 0028

The Chairman of the Commissioners of Navadwip Municipality vs Gour Chandra Goswami and Others

Calcutta High Court · Decided on 29 April 1918 · Citation: 49 Ind. Cas. 16

HON’BLE JUDGES
Syed Shamsul Huda, J · John Woodroffe, J · Charles Chitty, J

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Judgment

8 paragraphs · 183 words

John Woodroffe, J.—I deal firstly with Appeal No. 2 in regard to which it is not necessary to define the meaning of the term "dwelling house." It is sufficient to decide on the facts placed before us (and on this I am of the same opinion as Mr. Justice Chatterjee) that holding No. 754 is not a dwelling house or contains a dwelling house.

2.

This, appeal is, therefore, dismissed with costs.

3.

With regard to Appeal No. 3 the lower Appellate Court held that holding No. 754 was not a place exclusively used for public worship. On appeal to the High Court, both Mr. Justice Chatterjee and Mr. Justice Walmsley concurred in this decision and held that the plaintiffs'' cross-appeal must be dismissed. It may be a question whether or not there is a right of appeal here. It is not necessary, however, to discuss that question, because on the merits I hold that there is no substance in this appeal.

4.

The appeal is dismissed with costs.

Charles Chitty, J.

5.

I agree.

Syed Shamsul Huda, J.

6.

I also agree.