What is visual test for determining whether a tenant has done additions and alterations of permanent nature?

Phaggoo Mal Vs. Smt. Chandrawati (1973 AIRCJ 134),

 wherein the Hon'ble Allahabad High Court held that,

if the change made by the alteration is so noticeable and is

so striking to a person who had been accustomed seeing

the accommodation from before it would be a material

alteration so as to be caught within the mischief of Section

3(1)(c) of the U.P. (Temporary) Control of Rent and

Eviction Act, 1949. Construction of a room in open space

adjoining to the tenanted room, held that, it amounts to

material alterations without written permission and it

raises a question of law. It is held that, common sense

approach for finding out whether an alteration is material

or not is required to be adopted. A man of ordinary

prudence i.e. a common man and not a structural engineer

or expert overseer, who has been familiar with the

accommodation as it stood when let out has an occasion to

casually look at its external or internal structure after it had

been occupied by the tenant. If his eyes at once catch any

addition and any subtraction in its solidity or proportion

externally or internally in any part of the accommodation

creating an impression on his mind that the

accommodation no longer remained the same as before,

then the alteration causing such an impact on his mind will

be material alteration. This may be called 'eye test' or

'visual test'.

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