( 1 ) THE landlord filed against the tenants the present application under sec. 13a of the Bombay Rent Act for permission to construct an additional structure on the building let out to the tenants. The landlord alleged that he wants to construct one room and a kitchen on the terrace of the building which is in the possession of the tenants. The premises in possession of the tenants consist of an enclosed house in which there are two rooms two kitchens an Osri and other incidental accommodation.

( 2 ) THE learned Trial Judge after having considered the merits of the case granted the application made by the landlord and made in his favour the following order :-THE opponents are ordered to allow the applicant to construct the additional structure of a room and a kitchen on the western portion of the suit premises and also to construct a stair case for going to this additional structure from the portion of land touching the southern wall of the suit premises within the deli and then from above latrine situated in south of this western portion of the suit premises. The opponents are also ordered to allow access to the applicant his men and materials in the deli for the p