Material Alteration - Definition - Law Dictionary Home Dictionary Definition material-alteration

Definition :

Material alteration, A material alteration is one which varies the rights, liabilities, or legal position of the parties as ascertained by the deed in its original state, or otherwise varies the legal effect of the instrument as originally expressed, or reduces to certainty some provision which was originally unascertained and as such void, or which may otherwise prejudice the party bound by the deed as originally executed, Loonkaran Sethia v. Mr. Ivan E. John, AIR 1977 SC 336 (347): (1977) 1 SCC 379: (1977) 1 SCR 853.

The material alterations contemplate change of substantial nature affecting the form and character of the building. Many a time tenants make minor constructions and alterations for the convenient use of the tenanted accommodation. The legislature does not provide for their eviction; instead, the construction so made would furnish ground for eviction only when they bring about substantial change in the front and structure of the building. The essential element which needs consideration is as to whether the construction are substantial in nature and they alter the form, front and structure of the accommodation', Brijendra Nath Bhargava v. Harsh Wardhan, AIR 1988 SC 293 (298); See also Om Prakash v. Amar Singh, AIR 1987 SC 617. [Rajasthan Promises (Control of Rent and Eviction) Act (17 of 1950), s. 13 (1)(c)]

The expression 'material alterations' in its ordinary meaning would mean important alterations, such as those which materially or substantially change the front or the structure of the premises. It may be that such alterations in a given case might not cause damage to the premises or its value or might not amount to an unreasonable use of the leased premises or constitute a change in the purpose of the lease, Manmohan Das Shah v. Bishm Das, (1967) 1 SCR 836: AIR 1967 SC 643 (646). [U.P. (Temporary) Control of Rent and Eviction Act (3 of 1947), s. 3(1)(c)]

A material alteration is one which varies the right, liabilities or legal position as ascertained by the deed in its original form or otherwise varies the legal effect of the Instrument as originally executed, or reduces to certainty some provision which was originally unascertained and as such void or may otherwise prejudice the party bound by the deed or instrument in its unaltered state, Kalianna Gounder v. Palani Gounder, (1970) 2 SCJ 18.