2000 INSC 0428
                                        SUPREME COURT OF INDIA

                                                 Om Parkash Bansal

                                                           Vs.

                                                  Bal Kishan Gupta

                                           (V.N. Khare and D. Raju JJ.)

                                                      28.03.2000

                                                       ORDER

V.N. KHARE, J.

1. The landlord is in appeal before us.

2. Admittedly, the landlord leased out the premises in favour of the respondent-tenant for running a
factory. Subsequently, the landlord filed a suit for eviction of the respondent-tenant on the ground
that the respondent-tenant has caused substantial damage to the accommodation and further without
the permission of the landlord had made construction , which has materially altered the
accommodation. The suit was decreed by the trial court. The appeal preferred by the tenant was
allowed and the decree of the trial court was set aside. The second appeal filed by the landlord was
dismissed.

3. Learned Counsel appearing for the appellant urged that the tenant by demolishing certain portion
of the tenanted building and further making construction has caused substantial damage to the
premises and further has materially altered the accommodation and, therefore, he, by the said act,
has rendered himself liable for ejectment from the premises.

4. We have gone through the judgment and find that the lease deed permitted the respondent-tenant
to make construction in accordance with his need and that is sufficient to reject the argument of
learned Counsel appearing for the landlord. We are in agreement with the view taken by the courts
below.

5. The appeal fails and is dismissed. There shall be no order as to costs.