JUDGMENT

Khundkar, J. - This is an action for damages for injury caused to the plaintiff by the fall, from the roof of the defendant's premises, of a cinema advertising device, called a banner, which is an article made of the cloth within a wooden frame. According to the defendant's witness Amitava Roy, the frame is of pinewood 2 inches wide by l/2 an inch thick.

2. The defendant is the proprietor of a motion picture exhibition establishment called the Rupali Cinema situated in Ashutosh Mookerjee Road. The portion of the building which abuts on the street is one-storied. On the roof of this, about four feet from its western edge, overlooking the street, there stands a sky sign which is a more or less permanent structure consisting of a steel frame held firmly in place in an upstanding position by means of masonry and iron attachments. It is 12 feet high by 36 feet wide. On this framework and firmly attached to it in a vertical position there is galvanized iron sheeting, the surface of which, facing westwards towards the street, was intended to carry advertising designs. The galvanized sheeting covers, according to the defendant's manager, B. N. Basu Mullick, the whole surface of the