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1918 DIGILAW 222 (CAL)

Chairman of the Commissioners of Navadwip Municipality v. Gour Chandra Goswami

1918-04-29

CHARLES CHITTY, JOHN WOODROFFE, SYED SHAMSUL HUDA

body1918
JUDGMENT 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.