The Telegraph
Wednesday , January 30 , 2013
Since 1st March, 1999
CIMA Gallary


Q: I got a decree to obtain “khas possession” (possession of a proprietor or tenure-holder either by cultivating the land himself or by hired labour) of my immovable property. The court directed the defendant to hand over the “khas possession” to me within two months from the date of the decree, failing which I would be at liberty to execute the decree. Can I suo moto execute the decree or do I have to file an execution case for the execution of the decree?

D. Guha, via email

A: According to the Code of Civil Procedure, if the decree holder desires to execute the decree he has to apply to the court which passed the decree or to any another court that the decree might have been sent to. Hence, you will have to file a separate execution case.


Q:My mother-in-law, 67, lives in a flat in Uttarpara. Some flat owners in the building have formed a society registered under the West Bengal Societies Registration Act, 1961. My mother-in-law has repeatedly asked them to form an association registered under the Apartment Ownership Act, 1972, but to no avail. The society is regularly issuing her letters pressing for money for various things. Does a building society have these rights? If not, what legal steps can we take against them?

Ashis Kumar Basu, via email

A: If the monetary demands relate to the maintenance of the building or any reasonable expense incurred for the benefit of the residents of the building, the society is within its rights. Otherwise, as a preliminary measure, your mother-in-law should address her objections and concerns in writing to the society. It is also advisable that she attends the next meeting and verbally addresses her grievances against them.


Q:Are tenants entitled to only a specific quantity of water? If so, what is the limit? If not, what steps can we take against our landlord to ensure that we get proper water supply?

Name withheld

A: Disconnecting or withholding of essential supplies, including water and electricity, by a landlord is an offence under the West Bengal Premises Tenancy Act, 1997. If your landlord is deliberately and with malafide intention restricting your water supply, you may file a case against him/her under Section 144(2) of the Criminal Procedure Code.