ABDUL RASHID Vs. CALCUTTA MUNICIPAL CORPORATION

JUDGEMENT

(1.) WE regret our inability to agree with the learned trial Judge and our consequential inability to sustain the order under appeal.

(2.) "business-' is a word Of protean significance and the expression "business man" as used in Serial to. 8, No. 44 or No. 84 of Schedule TV of the Calcutta Municipal Act, 1980 would include a person engaged in any profession, trade or other commercial activities.

(3.) THE petitioner professes to carry on the business of a motor-mechanic. The learned Judge has not he Id that the petitioner does not carry on any such business he has only disbelieved the case of the petitioner that he carries on business at the disputed premises and that he is a tenant in respect of his place of business. To quote the learned judge (from paragraph 19 of the judgment), "the petitioner has hopelessly failed to establish his tenancy right in the portion of the premises in question" or to prove that "the petitioner was carrying on his motor car repairing business at this very premises or he merely used to receive the communications at this address and carry out the orders at some other place. "