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The water tank was also constructed on the roof of the wash room (latrine).

13. It was further alleged in the suit that by digging the compound of the eastern side, a new water tank was constructed.

38.WP.3071.92.doc A new construction was also done on the western side by digging up the wall so as to cause the drainage of the water flowing from the wash room (latrine). A wash basin was fixed on the western compound wall. These alterations have made to cause a change of permanent nature in the structure of the suit premises. Therefore it was alleged that the respondent has contravened Section 13(1)(b) of the Bombay Rent Act.

ERECTING PERMANENT STRUCTURE

51. In so far as the erection of permanent structure is concerned, the nature of structural changes brought about by the respondent have already been placed on record before the Trial

38.WP.3071.92.doc Court. I have also considered the judgments cited by Mr. Bora with regard to the issue of construction and as to what type of construction would not amount to erection of a permanent structure. I have also considered the raising of the compound walls by the respondent in the light of the judgments cited by Mr. Bora coupled with his contention that the compound walls were raised only to ensure that the hutment dwellers do not trespass on the property because of the short height of the compound walls.

52. Nevertheless, I am of the view that since the respondent has not introduced permanent structural changes in the columns, beams the walls and the slabs of the suit property, replacement of flooring with modern tiles and erecting of temporary bathroom, would not amount to introduction of permanent structural changes.

The partitions erected are of Wood material and the same would therefore not amount to a permanent alteration. I am therefore not causing any interference in the judgment of the Appeal Court with regard to issue of erection of structures.