Sunday, 17 November 2019

What is visual test for determining whether a tenant has done additions and alterations of permanent nature?

Phaggoo Mal Vs. Smt. Chandrawati (1973 AIRCJ 134),
 wherein the Hon'ble Allahabad High Court held that,
if the change made by the alteration is so noticeable and is
so striking to a person who had been accustomed seeing
the accommodation from before it would be a material
alteration so as to be caught within the mischief of Section
3(1)(c) of the U.P. (Temporary) Control of Rent and
Eviction Act, 1949. Construction of a room in open space
adjoining to the tenanted room, held that, it amounts to
material alterations without written permission and it
raises a question of law. It is held that, common sense
approach for finding out whether an alteration is material
or not is required to be adopted. A man of ordinary
prudence i.e. a common man and not a structural engineer
or expert overseer, who has been familiar with the
accommodation as it stood when let out has an occasion to
casually look at its external or internal structure after it had
been occupied by the tenant. If his eyes at once catch any
addition and any subtraction in its solidity or proportion
externally or internally in any part of the accommodation
creating an impression on his mind that the
accommodation no longer remained the same as before,
then the alteration causing such an impact on his mind will
be material alteration. This may be called 'eye test' or
'visual test'.
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