MUNICIPAL COMMISSIONERS OF HOWRAH Vs. JAGABANDHU BANERJEE

JUDGEMENT

(1.) This Rule has been obtained by the Municipal Commissioners of Howrah against an order passed by the Munsif, 3rd Court, Howrah, acting as a Judge of the Court of Small Causes, Howrah, dismissing the plaintiffs' suit for the recovery of certain rates on the footing that the subject-matter of the rates was a bustee.

(2.) The learned Munsif has held that the subject matter with respect to which the claim has been made is not a bustee and on this ground he has dismissed the suit.

(3.) The principal question for decision is whether the learned Munsif's judgment on the question whether the subject-matter is a bustee or not is in accordance with law. The learned Munsif has hased his decision on two grounds. First he says, that upon the evidence before him he is satisfied that the area is not a bustee within the meaning of Section 3 (10) read with Section 3 (36), Calcutta Municipal Act, as extended to Howrah. His second ground is that the Municipality of Howrah was bound to decide whether the area was a bustee or not before it could levy the rates claimed and that as there has been no such decision by the Municipality of Howrah, the claim is not sustainable. For this purpose he relies upon Section 4, Calcutta Municipal Act as extended to Howrah.