structure as it existed on the date of the lease deed had been let out
to the defendant and the defendant had made structural changes ... tenant has with or without the
consent of the landlord made structural changes in the property.
Indeed if the tenancy was protected by the rent
making addition/alteration in the premises so as to carry out
structural change in the property.
3. It was also the case of the plaintiff ... findings that the
plaintiff had failed to prove that any structural changes were
made and that the construction raised cannot be termed to illegal
property.
ERECTING PERMANENT STRUCTURE
51. In so far as the erection of permanent structure is
concerned, the nature of structural changes brought about ... 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
structure as it existed on the
date of the lease deed had been let out to the defendant and the defendant
had made structural changes ... tenant has with or
without the consent of the landlord made structural changes in the property.
Indeed if the tenancy was protected by the rent
provisions of the 1972 Act are applicable; whether defendant has made structural changes in the suit property; whether defendant is engaging himself in a business ... also recorded a finding that defendant without permission has carried out structural changes and is carrying out business other than one for which the shop
lessee to do any modification, changes in
the suit property including structural changes, demolition and rebuilding of
the premises either partially or completely ... gives
authorization to the lessee to modify, change the existing structure/premises
including structural changes, demolition and rebuilding the building
partially or completely. In fact
lessee to do any modification, changes in
the suit property including structural changes, demolition and rebuilding of
the premises either partially or completely ... gives
authorization to the lessee to modify, change the existing structure/premises
including structural changes, demolition and rebuilding the building
partially or completely. In fact
word 'alter' is to make change, to modify, to
change, change of a thing from one form and set to
another. The expression ... 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
Mr. Shiva Madhu vs State Of Karnataka on 9 August, 2018
Author: B.Veerappa
Bench
impermissible under law, if allowed, that will not only change the basic structure of the case, but also would change the character and nature ... maintainable, that the proposed amendment is not aimed to change the structure or the base of the original plaint and in fact, the proposed amendment
