In Brief
A landlord sought eviction of tenants from a rented plot on grounds of structural alteration without consent. The trial court and first appellate court found that the tenants had constructed walls and made permanent changes to convert the empty plot into a shop and godown. The High Court dismissed the eviction suit, holding that the finding of alteration was perverse due to the landlord's non-appearance. The Supreme Court held that material alteration is provable through any credible witness, not just the owner's testimony. Since there was clear evidence from the previous owner and other witnesses, and defence witnesses partially admitted the alterations, the concurrent findings were reasonable and not perverse. The Court restored the eviction decree, allowing the appeal.
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