High Courts(1918) 04 CAL CK 0040

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

Calcutta High Court · Decided on 29 April 1918

RESULT
Dismissed
CASE NUMBER
Letters Patent Appeals Nos. 2 and 3 of 1917

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Judgment

6 paragraphs · 178 words

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. This appeal is, therefore, dismissed with costs.

2.

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. Walmsley, concurred in this decision and hold that the Plaintiff''s 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. The appeal is dismissed with costs, one gold mohur in each case.

Chitty, J.

I agree.

Shamsul Huda, J.

I also agree.