MUNICIPAL COMMISSIONER Vs. MATHOORABAI

JUDGEMENT

(1.) This is a special case stated by the Acting Fourth Presidency Magistrate, Bombay, but inasmuch as the question as put by him did not exactly meet the case, the following question was formulated by the Court with the consent of the parties, viz.-

(2.) The facts stated shortly are as follows:-

(3.) Mathoorabai being desirous of building a house on her plot No. 15, submitted plans and specifications to the Municipal Commissioner in April 1905. The Municipal Commissioner while disposing of the plans and specifications took amongst others the following objection:-