foot x 10 feet on the other side. Other structural
changes have also been made in the demised premises. On all
::: Downloaded ... later
Sh. Jai Singh Thakur. Other related additions and
.
alterations and structural changes have also been carried
out which have also resulted in materially impairing
ground that the defendant had raised illegal constructions resulting in material structural changes in the building in violation of Clause 6 of the registered agreement ... defendant-tenant submitted that there was no pleading that structural changes made by defendant-tenant had resulted in diminishment of value of demised premises
would have caused damage to the property. There was no
structural change made in the property and therefore, it cannot be
said that the petitioners ... this building for commercial purposes. The
unauthorized construction work amounts to structural changes in
the monument and it is submitted in the reply that five
eviction. It was also alleged that the defendant had carried out structural changes in the demised premises, which had reduced its value and utility, thus ... first date of hearing. He also specifically denied having undertaken any structural change in the building so as to disfigure the same or which
considering the 'change in type of superstructure' as Change of
Scope. The respondent raised a dispute for not issuing Change of Scope
Notice ... clearances, change in existing rail levels, change
OMP (COMM) 344/2019 Page 19 of 58
in type of superstructure on account of change in span
averment to the effect that he has not made any
structural change nor changed the character of the
building in any manner, but only carried ... prepared to install a truss. The petitioner
has not made any structural change nor changed
the character of the building in any manner but
only
requirement
for the landlord to take prior permission before carrying out structural change
in the property which he had contended is required to be done ... Page 11 of 24
obtained prior permission for carrying out the structural change in the
property. In the present case as well, it has been
requirement
for the landlord to take prior permission before carrying out structural change
in the property which he had contended is required to be done ... landlord had not
obtained prior permission for carrying out the structural change in the
property. In the present case as well, it has been contended
additional affidavit ExPW6/AddlÂ1 wherein he
deposed about the structural changes in suit property
and relied upon the documents already ExPW ... affidavit ExPW9/Addl.1 wherein he deposed about the
structural changes in suit property.
PW10 (mentioned as PW10 in record) Shri Anil
Kumar tendered
suit, the respondents
were not entitled to seek relief of structural changes in the suit property,
neither could the Trial court pass judgment of structural ... changes.
W. Because the appellants never carried out any structural change in suit
property. And now appellants are forced by the impugned judgment to carry
