JUDGMENT - B.A. MASODKAR, J.:---This is tenant's petition that questions the order made by the appeal Court, directing eviction of the petitioner tenant under section 13(1)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as "the Act"). That is done on the basis of the finding that the petitioner tenant put and erected a permanent roof covered with Mangalore tiles on the tenanted premises without written permission from the respondent-landlady.

2. In this Court, Mr. Apte, the learned Counsel appearing in support of the petition, argued that in the context of the facts available in the present litigation, section 13(1)(b) of the Act should not have been applied. He submitted that the roof of the tenanted premises was covered with Shahabadi stone and the respondent-landlady was trying to remove it and, therefore, to protect the tenement, the petitioner, tenant had to resort to this construction. As against this, the appeal Court has found that the tenement collapsed in the rainy season and, therefore, except the petitioner-tenant, everyone left the premises and the petitioner-tenant constructed the roof itself and covered it by Mangalor

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