1988 Supreme(Cal) 162

High Court Of Calcutta
A. M. BHATTACHARJEE, AJIT KUMAR NAYAK
RATNAMALA DASI - Appellant
Versus
RATAN SINGH BAWA - Respondent
A. F. O. D.  318  Of  1982
Decided On : 04/15/1988

A tenant can make additions and alterations to the tenanted premises within the limits specified by Cls. (o) and (p) of S. 108 of the Transfer of Property Act, as long as such additions or alterations do not amount to permanent structures or cause damage to the premises.

Headnote:

LANDLORD TENANT - FIXING OF COLLAPSIBLE GATE, CONVERSION OF D. C. CURRENT TO A. C. CURRENT, RIGHT OF ACCESS TO ROOF, SUPPLY OF WATER - S. 33, 108, 109, T. P. ACT - S. 34, SPECIFIC RELIEF ACT - S. 12 (2), ELECTRICITY ACT - DECREE AGREEING WITH JUDGMENT - INTERPRETATION - REMEDY FOR BREACH OF COVENANT - RIGHT OF TENANT TO MAKE ADDITIONS AND ALTERATIONS - TESTS FOR PERMANENT STRUCTURE - ACCESSORY LICENSE.

Fact of the Case:

Tenant filed a suit for declarations and reliefs consequential thereto, including the right to fix a collapsible gate at the entrance to his tenanted flat, conversion of D.C. current to A.C. current in the premises, right of access to the roof for replacing or repairing the antenna for his Television set, and regular supply of water during the morning hours. The landlords filed a suit for permanent injunction restraining the tenant from making any new constructions, additions, or alterations to the tenanted premises. The suits were heard together, and the trial court decreed the tenant's suit and restrained the tenant from making any permanent additions, alterations, constructions, and structural changes in the tenanted portion of the premises.

Finding of the Court:

1. The decree of the trial court restraining the tenant from making any permanent additions, alterations, constructions, and structural changes in the tenanted portion of the premises was construed to mean only such additions, alterations, constructions, or structures which are of a permanent nature. 2. A tenant cannot make any construction by way of addition or alteration which is a permanent structure or which is destructive or permanently injurious to the tenanted premises, but within the limits of Cls. (o) and (p) of S. 108 of the T. P. Act, the tenant can add to the premises and make alterations thereto to suit his necessities. 3. The affixation of a collapsible gate at the entrance of the tenanted premises would not amount to the erection of a permanent structure, considering its purpose, mode of affixation, and removability. 4. The tenant has the right to conversion of D.C. current to A.C. current in the premises under S. 12 (2) of the Electricity Act, as amended in 1959, which provides for a disjunctive meaning between 'owner' and 'occupier'. 5. The tenant has the right of access to the roof of the premises for the limited purpose of replacing and repairing the Television Antenna, as it is deemed to be necessary for the reasonable enjoyment of the tenancy and falls under the principle of accessory license under S. 55 of the Easements Act. 6. The declaration that the tenant is entitled to regular supply of water and the direction to the landlords to ensure regular supply of water by means of an electrically operated pump were modified due to the acute water scarcity and erratic water supply by the Municipal Corporation.

Issues: 1. Whether the tenant can make additions and alterations to the tenanted premises? 2. Whether the affixation of a collapsible gate at the entrance of the tenanted premises amounts to the erection of a permanent structure? 3. Whether the tenant has the right to conversion of D.C. current to A.C. current in the premises? 4. Whether the tenant has the right of access to the roof of the premises for the purpose of replacing or repairing the antenna for his Television set? 5. Whether the tenant is entitled to regular supply of water during the morning hours?

Ratio Decidendi: 1. The decree of the trial court restraining the tenant from making any permanent additions, alterations, constructions, and structural changes in the tenanted portion of the premises was construed to mean only such additions, alterations, constructions, or structures which are of a permanent nature. 2. A tenant cannot make any construction by way of addition or alteration which is a permanent structure or which is destructive or permanently injurious to the tenanted premises, but within the limits of Cls. (o) and (p) of S. 108 of the T. P. Act, the tenant can add to the premises and make alterations thereto to suit his necessities. 3. The affixation of a collapsible gate at the entrance of the tenanted premises would not amount to the erection of a permanent structure, considering its purpose, mode of affixation, and removability. 4. The tenant has the right to conversion of D.C. current to A.C. current in the premises under S. 12 (2) of the Electricity Act, as amended in 1959, which provides for a disjunctive meaning between 'owner' and 'occupier'. 5. The tenant has the right of access to the roof of the premises for the limited purpose of replacing and repairing the Television Antenna, as it is deemed to be necessary for the reasonable enjoyment of the tenancy and falls under the principle of accessory license under S. 55 of the Easements Act. 6. The declaration that the tenant is entitled to regular supply of water and the direction to the landlords to ensure regular supply of water by means of an electrically operated pump were modified due to the acute water scarcity and erratic water supply by the Municipal Corporation.

Final Decision: The appeal was dismissed, and the judgment and decree under appeal were affirmed with the modification that the declaration regarding regular supply of water and the direction to the landlords to ensure regular supply of water were modified in view of the acute water scarcity and erratic water supply.