FARAD CONTINUTION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.7723 of 2004 -------------------------------------------------- Office Notes,Office Court or Judge’s Order Memorandum of Coram appearence,Court’s Orders & Directors and Registrar’s Order ---------------------------------------------------------- Mr.G.H.Keluskar for petitioner CORAM; A.P.SHAH J CORAM; A.P.SHAH J CORAM; A.P.SHAH J DATED 20.9.2005 DATED 20.9.2005 DATED 20.9.2005 P.C. P.C. P.C. . Heard the learned counsel for the petitioner. Perused the record including the judgment of the lower courts. The petitioner landlord has claimed possession on the ground of carrying out permanent addition and alteration in the suit premises. The allegation is that the tenant demolished the eastern wall of the premises which was in good condition and reconstructed it with bricks and mortar. This was done without taking written permission from the landlord and, therefore, the tenant is liable to be evicted under section l3(l)(b) of the Bombay Rent Act. . The lower appellate Court on appreciation of material placed on record held that the ground under section l3(l)(b) is wholly unsustainable. It appears that cracks had developed in the eastern wall and the foundation had sunk and the wall was the likely to collapse. It appears that the tenant called upon the landlord to carry out repair under section 23 but he failed to do so. Since the landlord failed in his duty to carry out the necessary repair, tenant had no option but to demolish the wall which was in a dilapidated condition and reconstruct it. In the circumstances it is not possible to accept the case of the landlord that the tenant has effected permanent construction in the premises. Petition is dismissed.