It is argued that the goods must have been lost by the said Railway at the latest on February 20, 1948, when the goods are alleged to have been unloaded from the wagon at the New Delhi Station; but we have already discussed the relevant evidence on that question and we have held that the defendant did not place before the Court any contemporaneous record to prove when the goods were taken out of the wagon. The accused did not lead any evidence in defence. On the view which I take a room in a hotel must fulfil two conditions: (1) it must he part a hotel in the physical sense and (2) its user must be connected with the general purpose of the hotel of which it is a part.

375 " "premises" means any building or part of a building which is or is intended to be let separately. Such a business I consider to be one of the amenities which a modern hotel provides. But there is no clear evidence adduced by the defendant to prove when the goods were lost. In this view it is not necessary to express our opinion on the question whether there was a subsequent acknowledgment of the appellant's liability within the meaning of art- 19 of the Indian Limitation Act.

A modern hotel provides many' facilities to its residents; some hotels have billiard rooms let out to a private person where residents of the hotel as also non- residents can play billiards on payment of a small fee; In the case under our consideration the spaces were let out for carrying on the business of a hair dresser. I am prepared, however to say that a strictly literal construction may not be justified and the word 'room' in the composite expression 'room in a hotel' must take colour from the context or the collocation of words in which it has been used; in other words, its meaning should be determined noscitur a sociis.

44 the learned author illustrates the principle by giving as an example a carrier of goods entrusting them to another carrier for part of the journey. , they alleged false implication. Their further case was that on the fateful day Jai Pal was watering his fields when deceased Gopal tried to commit sodomy upon him. 194,212, 11 82 visualises a situation which may be approximated to. In their statements recorded under Section 313 of the Cr. I think it would be doing violence to the context if the expression 'room in a hotel' is interpreted in a strictly literal sense.

The remaining witnesses happened to be police officials including the investigating officer. but does not' include a room in a dharamsala, hotel or lodging house. The circumstance that people not resident in the hotel might also be served by the hair dresser does 373 not alter the position; it is still an amenity for the residents in the hotel to have a hair dressing saloon within the hotel itself. One of the illustrations given by Byles J.

The correctness of this finding was not canvassed in the High Court, and for the reasons already mentioned, on this material produced, there was every justification for the findings. HK Mishra, VR Gupta and SP Jayant examined as PWs 5, 6 and 10 respectively. Suppose there is a big room inside a hotel; in a physical sense it is a room in a hotel, but let us suppose that it is let out, to take an extreme example, as a timber godown. If so, it follows that the 89 suit was well within time.

Indeed, the learned Subordinate Judge in a considered judgment held that it had not been established by the Forwarding Railway that the goods were lost beyond the period of limitation. Counsel for the respondent Mr. Collins (1) is rather instructive and it (1) VII H. The suit was filed on August 4, 1949. Though in the written statement there was a vague 'denial of this fact the evidence already noticed by us established beyond any reasonable doubt that the goods were lost by the Forwarding Railway when they were in its custody.

In the plaint the plaintiff has stated that loss to the goods has taken place on the defendant-railway, and, therefore, delivery has not been effected. " It is clear from this definition that the Act did not intend to control the rents payable by and evictions of, persons who take on rent rooms in a dharamsala, hotel or lodging house. Has the defendant, therefore, on whom the burden rests to prove that the loss occurred beyond the prescribed period, established that fact in this case ?

In a physical sense they were undoubtedly rooms in that hotel. Will it still be a room in a hotel, though in a physical sense it is a room of the building which is used as a hotel? Prakash examined as PW-2; Kishan Singh examined as PW-3; Satbir Singh examined as PW-4 and Drs. Dippala Suri Dora submitted that the mere fact that respondent filed his nomination papers in a particular manner does not give a different interpretation to the various provisions of the law and if under the law a nomination like that of the respondent Mr.

The reason why I think so may be explained by an illustration. It was further alleged that Jai Prakash and Har Chand alone were present on the spot at the time of the incident and that the remaining nine accused persons had been falsely implicated. Passing now from definitions which are apt not to be uniform, the question is whether the partitioned spaces in the two cloak rooms let out to the respondent were rooms in that hotel.