further submitted that the proposed amendment would completely
change the nature and basic structure of the plaint and the same is
barred by limitation ... application. In the present case, the proposed amendment
would change the nature and structure of the suit by aiding a relief
for specific performance
Palkar/ pvr 17 WP 6464.1999.odt
permission to undertake any structural change or removal of the wall
between the two residential rooms and thus ... conclusion
that the petitioner had undertaken permanent structural alteration to
the suit premises, thereby changing the nature and character of the suit
premises
respondents
contended that the amendment, if allowed, would completely
change the structure of the suit and so also, the written statement
filed by the petitioners ... sought in the plaint and in the written
statement would change the complete structure of the suit, which
is forbidden in law, in light
restrain the revision petitioner from in any way altering or changing the physical structure of the suit property. Being so, in the year ... restrain the revision petitioner from in any way altering or changing the physical structure of the suit property. That apart, the amendment sought
evidence on
the side of the plaintiff/appellant that there has been structural
alteration in the premises rented out to the respondents without
his consent ... defendant, partially admitted that the defendants
had effected some structural changes.
12. Be that as it may, the question whether there is a structural
alteration
clearly stipulated that the respondent no.1 shall not change
the structure of the firm without the permission of the
appellant. Concededly the respondent ... changed the
structure of the firm from a proprietary firm to a
partnership firm. The consequence of violation of any
condition of the agreement
that has been granted by the Court below, even
if the structural change to the nature of the building is not
permissible certainly the intention ... avoid these
eventualities, in any event though the structural nature of
the building cannot be changed or altered certainly the
strengthening of the building
restrain the revision petitioner from in any way altering or changing the physical structure of the suit property. Being so, in the year ... restrain the revision petitioner from in any way altering or changing the physical structure of the suit property. That apart, the amendment sought
Kannada and to direct the respondents not to
dig, erect any structure, change the nature of the
property etc. in respect of non-agricultural immovable
understanding between the parties, they have put up permanent
structures and structural changes in respect of the respective leasehold
properties and they being perpetual lessees ... landlord on the ground
of owners occupation, still the nature of the structure and the improvement
made by the tenants are required to be investigated
