Judgment

SHELAT, J. : This appeal by Special leave is directed against the judgment and decree passed by the High Court at Allahabad in Second Appeal No. 930 of 1959.

2. The questions arise in this appeal: (1) with regard to interpretation of S. 3(1)(c) of the U. P. (Temporary) Control of Rent and Eviction Act, III of 1947 and (2) whether the alterations carried out by the respondent-tenant were alterations which materially altered the accommodation within the meaning of the said Cl. (c).

3. The appellants are the owners of a building situate on Dashaswamedh Road in Varanasi, the ground floor of which consisted of two shops separated by a partition wall and an arch in between. The respondent was the tenant of one of these two shops. The other shop, adjacent to the respondent shop, had been let out to one Banarsidas Lohar. The said Banarsidas vacated the shop and thereupon with the necessary sanction of the Rent Control Officer it was let out to the respondent as from July 24, 1954. On July 21, 1954 the respondent executed a rent note by which he inter alia agreed that he would not have any right to make any alterations, additions, or Tor phor of any sort in the said shop. The respo