touched the ceiling. The partition wall did not make any structural change of substantial character either in the form or structure of the accommodation ... safer use of the premises. There is no material change in the structure or in the building. The impugned judgment and order is, therefore, wholly
submit that expression "materially" alternated means substantial change in the character from the structure of the building without destroying its identity. As held ... petitioners are such, which can not be removed. These are structural changes where water tank has been constructed, sheds have been made and office constructed
structure cannot be treated as a permanent structure. It is also necessary to consider in this connection whether the structure brings about a substantial change ... damage to the building. The partition wall did not make any structural change of substantial character either in the form or structure of the accommodation
aforesaid period not to make any additions or alterations or any structural changes in the suit premises. The respondent has undertaken to pay charges
grounds to the
same cause of action would neither change the structure of
the suit nor it can cause any further hardship to the parties
possession of the suit premises on the ground of change of user, unauthorised structural alterations, non payment of water charges, Education cess and nuisance ... suit in favour of the petitioners
on the ground of nuisance and change of user only. The other grounds were
negatived by the Trial Court
report produced with Civil Application opines that
without changing the original structure of the suit premises,
repairing work is urgently needed.
13. At
this stage
findings of the
Trial Court on the question of changing nature of the
temporary structure to permanent by the tenant was correct
and whether
sheet roofs over the suit premises which materially or substantially changed the existing structure of the suit premises which comes within the mischief of Section ... order to amount to a permanent structure must cause and bring about a substantial improvement and change in the nature and form of accommodation
proceedings before the Court below the respondent had
carried out extensive changes in the portion already in
his possession and that has eclipsed the need ... thereto nowhere refers to
any subsequent changes brought about by the
respondent/landlord to the structure. It only speaks
about various renovations having been carried
