Minor changes not cause for eviction

The ruling comes in response to a petition filed by Miraj-based (Sangli district) Kanji Malde against a Miraj trial court order evicting him from his tenanted shop. The respondent-landlord Balkrishna Namade had sought Malde’s eviction on the ground that he had made permanent alterations in the shop without prior permission. Malde had removed the wall on the rear side of the shop to fit a door.

Malde, represented by advocate S CDharmadhikari, moved the HC. He argued that mere removal of a wall does not materially alter the character of the premises. Dharmadhikari cited a Supreme Court judgement which states that the alteration has to be viewed in a balanced perspective.

Justice Datar ruled that the Miraj trial court did not apply its mind to the nature and purpose of Malde’s building alterations before evicting him. Instead of looking into Malde’s intentions, the court merely asked if the construction was of a permanent nature. It is obvious that Malde had made the alteration for “better enjoyment of the place”, the judge concluded.Interestingly, both the tenant and landlord are dead and the present litigation was being fought by their legal inheritors.