The substantial rights of the tenant and the concept of material alterations under the Rent Control Act and Transfer of Property Act were central to the judgment.

1. The revision petition is at the instance of a counter-petitioner in an application for injunction which has been allowed by the courts below. The injunction sought for was to restrain the demolition of the walls or pillars of the shop building in the possession of the revision petitioner and against carrying out any new works therein or effecting any material alterations to the building and from committing waste.

2. The building was taken on rent from one Saraswathi Amma by one Gopalan. Gopalan passed away in 1965. The revision petitioner claims to be have-entered into a tenancy direct with Saraswathi Amma thereafter. It is not disputed that the revision petitioner is now in possession of the building. The plaintiff is a person who purchased the building under a sale deed dated 29-7-1971. The sale deed itself refers to the tenancy. Among the various recitals therein are the statements:

"There are no arrears of rent. There is no advance payment in the tenancy arrangement".

According to the revision petitioner, there has been an attornment to the plaintiff; arrears of rent at the enhanced rate of Rs. 75/- had been settled up to February 1983, and the plaintiff had been declining to receive the rent sent by money order thereafter.

3. The building is a shop room dealing in sale of wrist watches, the name of the concern being, 'The Kerala Wacch Company'. The building had only wooden split shutters in its front. They were replaced by rolling shutters in 1959. Insecurity was intensely felt, according to the revision petitioner, having regard to the frequent thefts committed in and around the area, by breaking open the rolling shutters. Naturally, having regard to the articles kept in the shop room, every precaution had to be taken by the owner of such costly merchandise. According to him, in order to prevent pilferage of the costly watches, he wanted to affix a collapsible shutter. This had to be fastened to two iron posts fixed on the two sides. It is stated that the collapsible shutters could be removed at any time without in any way causing any damage to the building, (vide Para.4 of the written statement).

4. It was essentially at this time, that that attempt was sought to be prevented by the plaintiff. The report of the Commissioner would clearly establish that the attempt was only to fix the two pillars on either side for providing the collapsible shutters. The pit noticed by the Commissioner on the floor was on the north-western end and close to the pillar. It was only one and half long and 8" wide with a depth of 2V A similar pit was on the other side also. The Commissioner also only noted that a window portion had been closed by bricks, the wooden shutters remaining intact. The cost for restoring the condition of the building to its earlier stage is estimated by the Commissioner at Rs. 50/-. It is thus evident that only a very insignificant work had been done by digging the pits on either side. That also would indicate that it was only a prelude and a preparation for the fixation of the collapsible shutters.

5. The trial court referred to a clause in the original rent deed Ext.Al prohibiting structural alteration of the building without the consent of the landlord. (The translation of the relevant clause by the trial court is not very accurate.) The crucial controversy was whether the revision petitioner could justifiably fix up the collapsible shutter. According to the trial court, it amounted to a material alteration of the building, and such a structural alteration was countermanded under S.17 of the Rent Control Act. According to it, any complaint of a tenant regarding the withholding of amenity is to be made before an Accommodation Controller, as that is the only machinery provided under the Act. It observed:

"The Rent Control Act gives no power to the tenant to re-build, renovate or interfere with the structural alterations of the tenanted premises on his own accord."

The general statement about re-building and