Judgement

VENKATARAMA AYYAR, J. : This is an appeal against the judgment of the High Court of Calcutta affirming the order of the Municipal Magistrate whereby he dismissed an application filed by the appellant under S. 363 of the Calcutta Municipal Act, 1923, hereinafter referred to as the Act, for demolition of certain constructions on the ground that had been erected without the previous permission of the authorities and in contravention of the prescription laid down in the building rules.

2. The respondent is the owner of house No. 36, Armenian Street, Calcutta. On 28-10-1950 the Building Inspector of the Corporation discovered that some new masonary structures were being constructed on the fifth storey of that house. A notice under S. 365 of the Act was immediately served on the respondent directing him to stop forthwith further constructions pending an application to the Magistrate under S. 363 of the Act. What followed thereon is graphically described by the learned Chief Justice of the High Court is his order dated 9-4-1954 granting leave to appeal to this Court, as a hide-and-seek game.

On receipt of the notice, the respondent stopped the work for a few days, and thereby lulle