Facts of the Case
- The tenant occupies an 80-year-old building under a lawful tenancy.
- The tenant has started constructing an overhead water tank on the premises.
- The landlord has not given prior written permission for this construction.
- There is no information indicating that the construction was a necessary repair or agreed upon by the landlord.
Issues in the Case
- Whether the tenant has the legal right to make structural alterations (like constructing an overhead tank) without the landlord’s consent.
- Whether such construction constitutes a wrongful act or breach of the tenancy agreement.
- Whether the act amounts to material alteration or permanent change in the property.
- Can the landlord initiate eviction proceedings based on such unauthorized construction?
Principles Associated with It
- Under Section 108(p) of the Transfer of Property Act, 1882, the lessee (tenant) is not entitled to make any permanent alterations or additions to the leased property without the consent of the lessor (landlord).
- Courts have consistently held that unauthorized construction or material alteration by a tenant can be a ground for eviction, especially if the alteration is permanent in nature and affects the structure or utility of the property.
- In tenancy law, any act that alters the character, structure, or use of the property without permission is considered unauthorized use or misuse.
- Building an overhead water tank is usually classified as a permanent structure, not a temporary or repair-based activity.
Judgment
- The construction of an overhead water tank by the tenant without landlord’s permission is a wrongful act under Section 108(p).
- The act constitutes unauthorized material alteration of the leased property.
- The landlord is legally entitled to initiate eviction proceedings under rent control or tenancy laws, based on misuse or unauthorized construction.
- Several High Courts and the Supreme Court have upheld eviction on similar grounds, especially when the structural integrity or intended use of the property is altered.
- Therefore, the tenant can be evicted lawfully if the landlord files a suit for eviction citing this unauthorized construction.
