1947  Present: Howard C.J.

SILVA, Appellant, and WANIGASEKERA   (Sanitary Inspector),
Respondent.

S. C, 754-M. C. Gampola, 13,267

Housing and Town Improvement Ordinance-Erection of building-Does it include boundary wall ?-Chapter 199, s. 5-Meaning of word " appurtenances ".

A building within the meaning of section 5 of the Housing and Town Improvement Ordinance does not include a boundary wall.

APPEAL from a judgment of the Magistrate, Gampola.

E. F. N. Gratiaen, K.C. (with him Ivor Misso), for the accused, appellant.

S. W. Jayasuriya (with him C. Chellappah), for the complainant, respondent.

Cur. adv. vult.

October 27, 1947. Howard C.J.-

The appellant in this case appeals against his conviction under section 13 (1) (a) and (e) of the Housing and Town Improvement Ordinance (Cap. 199) of the offence of erecting a building to wit a boundry wall in front of premises No. 36, Malabar Street, Gampola, of which he was the owner without getting plans,  drawings  and  specifications  approved  in

1  (1804) 10 Ves. 315.
2  (1915) A. C. 856.
3 (1900) 1 Ch. at p. 818.
4 (1869) 21 L. T. N. S. 227.

writing by the Chairman of the Urban Council