3 marks land law

1. Definition of “Apartment” and “Competent Authority” under WBAOA, 1972

Ans - Section 3 (a) "apartment" means part of a property having a direct exit
to a road, street or highway or lo a common area leading to such road, street
or highway which together with in undivided interest in the common areas
and Facilities forms an independent '[residential unit, and includes a flat.

Sec 3 '(g) "Competent Authority" means any person, or any officer not below
the rank of a Deputy Magistrate, authorised by the State Government by
notification in Ihe Official Gazette to perform the functions of Ihe Competent
Authority under this Act for such area as may be specified in ihe
notification, and different persons or officers may be authorised for different
functions or for different areas.

2. Compare common expenses and common profit as defined under WBAOA,

1972

Ans - Common Expenses:

Common expenses refer to the costs incurred for the maintenance, repair,
management, and administration of the common areas and facilities within
an apartment complex. These expenses are shared among all the apartment
owners and are usually determined based on the proportionate ownership or
as specified in the bylaws of the apartment association.
Key features of common expenses under the West Bengal Apartment
Ownership Act, 1972:

Common expenses are incurred for the upkeep and maintenance of common
areas such as lobbies, staircases, elevators, parking lots, and other shared
facilities.
These expenses may include costs for cleaning, security, landscaping, utility
bills, insurance, repairs, and general management of the common areas.
The Act mandates that the proportionate share of common expenses to be
paid by each apartment owner should be determined based on the
 percentage of the undivided interest in the common areas assigned to each
unit.
Common Profit:
Common profit, as defined in the West Bengal Apartment Ownership Act,
1972, refers to any surplus or profit generated from the utilization, lease, or
rental of any part of the common areas or facilities within an apartment
complex. It arises when the income generated exceeds the common expenses
and is shared among the apartment owners.
Key features of common profit under the West Bengal Apartment Ownership
Act, 1972:

Common profit arises when there is surplus income from the utilization of
common areas, such as renting out common facilities like community halls,
gymnasiums, or commercial spaces within the apartment complex.
The Act states that any common profit generated shall be distributed among
the apartment owners in proportion to their undivided interest in the
common areas.
The distribution of common profit is usually governed by the bylaws or
regulations set by the apartment association or the management body
responsible for the administration of the complex.

3. Predict applicability of the Transfer of Property Act & West Bengal Apartment
Ownership Act, 1972.

Ans - The Transfer of Property Act and the West Bengal Apartment
Ownership Act, 1972, have different scopes and applicability. Here's a
prediction regarding their general applicability:

Transfer of Property Act:

The Transfer of Property Act, 1882, is a comprehensive legislation that
governs the transfer of immovable property in India. It applies to all
transactions involving the transfer of property, including sale, lease,
mortgage, gift, and exchange, among others. The Act is applicable across
India, including the state of West Bengal.
Applicability of the Transfer of Property Act:
The Transfer of Property Act is applicable to various situations and
individuals, including:

Individuals or entities involved in the transfer of immovable property, such

as buyers, sellers, lessors, and lessees.
Transactions related to immovable property, such as sale, lease, mortgage,
and gift.
Legal matters concerning the rights, duties, and obligations of parties
involved in property transactions.
Matters related to the creation, transfer, and extinguishment of property
rights.
West Bengal Apartment Ownership Act, 1972:
The West Bengal Apartment Ownership Act, 1972, specifically deals with
matters related to the ownership, management, and administration of
apartment complexes in the state of West Bengal. It provides regulations for
the creation of apartment ownership and the formation of associations or
bodies to manage these complexes.
Applicability of the West Bengal Apartment Ownership Act, 1972:
The West Bengal Apartment Ownership Act, 1972, applies to:

Apartment complexes located within the jurisdiction of the state of West

Bengal.
Owners, tenants, and other occupants of apartments within these
complexes.
Associations or bodies formed for the management and administration of
apartment complexes.
Matters concerning the rights, responsibilities, and governance of apartment
owners and associations in West Bengal.
It's important to note that the Transfer of Property Act and the West Bengal
Apartment Ownership Act, 1972, may overlap in certain areas. For instance,
the Transfer of Property Act may still apply to individual property
transactions within apartment complexes, while the West Bengal Apartment
Ownership Act, 1972, provides specific regulations for the management and
administration of common areas and facilities within these complexes.
 To fully understand the applicability of these acts in a particular situation, it
is advisable to consult the acts themselves, seek legal advice, or refer to
specific court interpretations and judgments relevant to the matter at hand.

4. Evaluate the order of charge created for property of common expenses.

Ans - In the context of common expenses related to an apartment complex or

similar property, the order of charge refers to the priority or ranking of the
charge created on the property to secure the payment of those expenses. The
order of charge determines the order in which different claims or charges
against the property will be satisfied if the property is sold or if there are any
financial obligations.

In general, the specific order of charge for common expenses can vary
depending on the applicable laws, regulations, or governing documents of
the property. However, I can provide you with a typical order of charge that
is often followed in many jurisdictions:

Statutory Charges: Any statutory charges, such as property taxes or

municipal charges, usually take precedence over other charges. These
charges are typically imposed by the government or local authorities.

Mortgage Liens: If there are any mortgages or loans secured by the property,
the mortgage liens will typically have a higher priority. The mortgage lender
has a right to be paid first from the proceeds of the sale or any other
foreclosure action.

Common Expenses: The charges related to common expenses, such as

maintenance costs, repairs, utilities, or other shared expenses, usually have
a priority after the statutory charges and mortgage liens. These charges are
often enforced by the association or management body responsible for the
property.

Other Encumbrances: Any other specific charges or encumbrances on the

property, such as judgments, liens, or other claims, may follow the common
expenses in the order of priority.
 It's important to note that the exact order of charge can be influenced by
local laws, regulations, or the governing documents of the property, such as
the bylaws or declaration. It is advisable to consult the applicable laws and
relevant legal documentation specific to your jurisdiction or property to
determine the precise order of charge for common expenses in your
situation.

5. State the changes which may be incorporated in the village record of rights
under chapter VII of West Bengal Land reforms Act, 1955

Ans - Chapter VII of the West Bengal Land Reforms Act, 1955 deals with the
maintenance and updating of village records of rights. This chapter outlines
the procedures and provisions for incorporating changes in the village record
of rights. Some of the changes that may be incorporated in the village record
of rights under Chapter VII of the West Bengal Land Reforms Act, 1955
include:

Mutation: Mutation refers to the change in ownership or transfer of rights of

a particular land or property. The Act allows for the incorporation of
mutation entries in the village record of rights when there is a change in
ownership due to sale, gift, inheritance, or any other lawful means. The
mutation entries reflect the updated ownership details and transfer of rights.

Succession: In cases of inheritance or succession, where the ownership of

land or property is transferred due to the death of the previous owner, the
village record of rights can be updated to reflect the new owner or owners.
The Act provides provisions for incorporating changes in ownership resulting
from succession, including the recording of heirs and their respective shares.

Partition: If there is a partition of joint land or property among co-owners,

the Act allows for the incorporation of partition entries in the village record
of rights. These entries reflect the division of land or property among the co-
owners and update the ownership details accordingly.
 Acquisition: In cases where land or property is acquired by the government
for public purposes, such as infrastructure development or public projects,
the Act provides for the incorporation of acquisition entries in the village
record of rights. These entries reflect the transfer of ownership from private
individuals to the government.

Corrections and Rectifications: The Act also allows for the incorporation of
corrections or rectifications in the village record of rights to address any
inaccuracies, errors, or discrepancies in the existing entries. This includes
rectifying mistakes in names, areas, boundaries, or other relevant details.

6. Discuss the power of the revenue officer to set aside improper transfer by
Raiyat under the West Bengal Land Reforms Act, 1955.

Ans - Under the West Bengal Land Reforms Act, 1955, the revenue officer is
granted certain powers to set aside improper transfers made by a raiyat. A
raiyat refers to a person who holds land for agricultural purposes under a
lease or otherwise. The Act aims to protect the rights of raiyats and prevent
exploitation or unjust transfers of agricultural land. The specific provisions
regarding the power of the revenue officer to set aside improper transfers are
outlined in Section 24B of the Act. Here's a discussion of these powers:

Purpose of the Provision:

The provision empowers the revenue officer to examine and take appropriate
action against transfers made by raiyats that are deemed improper or
violative of the provisions of the Act. The objective is to safeguard the
interests of raiyats and ensure that their rights and entitlements to
agricultural land are protected.

Scope of Improper Transfers:

The provision covers transfers made by raiyats that are contrary to the
provisions of the West Bengal Land Reforms Act, 1955. These transfers may
include sales, mortgages, leases, or any other forms of alienation that are
deemed inconsistent with the rights and restrictions imposed on raiyats
under the Act.
 Initiation of Proceedings:
The revenue officer has the authority to initiate proceedings to determine the
legality of a transfer if there are grounds to believe that an improper transfer
has taken place. This may be done based on complaints received or suo
moto by the revenue officer's own initiative.

Investigation and Decision:

The revenue officer has the power to conduct an inquiry into the alleged
improper transfer. The officer can summon witnesses, examine documents,
and gather relevant evidence during the course of the investigation. After
considering all the facts and circumstances, the revenue officer will
determine whether the transfer is improper or not.

Setting Aside the Transfer:

If the revenue officer finds that the transfer made by the raiyat is improper,
the officer has the authority to set aside the transfer. This means that the
transfer will be deemed null and void, and the land will be restored to the
original raiyat, subject to the provisions of the Act.

Appeals:
If any party is aggrieved by the decision of the revenue officer, they have the
right to appeal the decision before the appropriate appellate authority as
prescribed under the Act.

7. Explain Pre-emption under WBLR Act, 1955

Ans - Purpose of Pre-emption:

The purpose of pre-emption is to provide certain individuals, such as co-
sharers, tenants, or certain categories of agricultural laborers, with the right
to purchase agricultural land that is being transferred to another person.
The objective is to maintain the agricultural structure, preserve the rights of
specific individuals, and prevent the fragmentation of agricultural land
holdings.

Eligible Persons:
 The Act specifies the categories of persons who are eligible to exercise the
right of pre-emption. These may include:

Co-sharers: Individuals who have a joint or undivided ownership in the land.

Tenants: Individuals who have been cultivating or occupying the land as
tenants.
Agricultural Laborers: Individuals who have been engaged in agricultural
labor on the land for a specific period, as defined in the Act.
Transfer Triggering Pre-emption:
Pre-emption rights are triggered when there is a transfer of agricultural land
by way of sale, gift, exchange, or any other means as specified in the Act.
The Act defines the types of transfers that may trigger the right of pre-
emption.

Notice and Offer:

When a transfer triggering pre-emption occurs, the person intending to
transfer the land is required to give notice to the eligible persons who have
the right of pre-emption. The notice must specify the terms and conditions of
the proposed transfer.

Exercise of Pre-emption Right:

Upon receiving the notice, the eligible persons have a specified period within
which they can exercise their right of pre-emption. They can choose to
accept the terms and conditions of the proposed transfer and purchase the
land on the same terms. If multiple eligible persons wish to exercise their
pre-emption right, they may have a priority order based on the Act's
provisions.

Consequences of Exercise:
If an eligible person exercises the right of pre-emption and agrees to
purchase the land, the proposed transfer to the other person will not take
effect. The eligible person who exercises the right of pre-emption will acquire
the land instead.

8. Under section 20B, of WBLR, Act 1955 briefly state the produce where a
Bargadar surrenders abundances right of cultivation.
 Ans - Under Section 20B of the West Bengal Land Reforms Act, 1955, if a
bargadar (sharecropper) surrenders the right of cultivation over any land,
they are entitled to receive certain produce from the land. The provision
specifies the type of produce that the bargadar is entitled to upon
surrendering their right. Here is a brief summary of the produce mentioned
in Section 20B:

Abundance of Crops:
If a bargadar surrenders their right of cultivation, they are entitled to receive
one-half of the crop or produce that is in abundance during that particular
season. The specific type of crop or produce may vary depending on the
agricultural practices and crops cultivated in the region.
It's important to note that the provision mentioned in Section 20B of the
West Bengal Land Reforms Act, 1955, is primarily concerned with the
entitlement of the bargadar upon surrendering their right of cultivation. The
Act aims to protect the rights and interests of bargadars and ensure fair
treatment in sharecropping arrangements. The exact details and procedures
related to the surrender of rights and the entitlement of produce may be
further elaborated in rules, regulations, or notifications issued by the
relevant authorities. It is advisable to refer to the West Bengal Land Reforms
Act, 1955, and consult legal experts for comprehensive and accurate
information regarding the specific provisions of Section 20B.

9. Under Section 17 of the WBLR, Act,1955 cite the grounds on which

cultivation by Bargadar can be terminated by the right.

Ans - Under the West Bengal Land Reforms Act, 1955, the grounds on which
cultivation by a bargadar (sharecropper) can be terminated by the right are
outlined in Section 14B of the Act. This section specifies the circumstances
in which a bargadar's right to cultivate can be terminated. Here are the
grounds for termination mentioned in Section 14B:

Failure to Cultivate:
 If a bargadar fails to cultivate the land continuously for two consecutive
agricultural years without any reasonable cause, the right to cultivate can be
terminated.

Breach of Obligations:
If a bargadar breaches any of the obligations prescribed by law or imposed
by the agreement between the bargadar and the landowner, the right to
cultivate can be terminated. Such obligations may include timely payment of
rent or share of produce, proper cultivation practices, or any other
contractual obligations.

Abandonment:
If a bargadar abandons the land or voluntarily relinquishes the right to
cultivate, the landowner has the right to terminate the cultivation by the
bargadar.

Subletting or Transferring Rights:

If a bargadar sublets or transfers their rights to cultivate the land without
the consent of the landowner, the landowner can terminate the bargadar's
cultivation rights.

10.Under section 14S of WBLR, Act, 1955 Discuss the effect on the right of a
Bargadar in case of vesting of land in excess of ceiling area hold by a raiyat.

Ans - Under the West Bengal Land Reforms Act, 1955, the provisions
regarding the effect on the right of a bargadar (sharecropper) in case of
vesting of land in excess of the ceiling area held by a raiyat (tenant
cultivator) are outlined in Sections 6B and 14B of the Act. Here's a
discussion of the effect on the right of a bargadar in such a scenario:

Vesting of Excess Land:

If a raiyat holds land in excess of the ceiling area prescribed by the Act, the
excess land is liable to be vested in the state government. The government
takes possession and control of the excess land.

Rights of Bargadar on Excess Land:

 In the case of vesting of excess land, the rights of a bargadar who is
cultivating the excess land are protected under the Act. The bargadar is
entitled to continue cultivating the land and enjoy the rights and benefits
associated with the bargadar status.

Compensation:
The Act provides for the payment of compensation to the raiyat for the
excess land vested in the government. The compensation may be in the form
of land bonds or other benefits as specified by the government. The
bargadar's rights and entitlements are not affected by the compensation
provided to the raiyat.

Security of Tenure:
The Act emphasizes the security of tenure for bargadars and ensures their
continued right to cultivate the land even after vesting. The rights and
benefits of the bargadar remain intact, and the bargadar cannot be
arbitrarily evicted or displaced from the land.

11.Relate the procedure for the formation of co-operative farming society and
the effect of such formation on the land owned by the member of the society.
(sec 43)

Ans - Under the West Bengal Land Reforms Act, 1955, the formation of a
cooperative farming society is regulated by the provisions of Chapter XIA of
the Act. This chapter provides for the establishment and functioning of
cooperative farming societies and outlines the procedure for their formation.
Here is a general overview of the procedure for the formation of a cooperative
farming society and its effect on the land owned by the members:

Eligibility and Application:

To form a cooperative farming society, a group of landowners who collectively
own agricultural land may come together and make an application to the
Registrar of Cooperative Societies. The application should contain the
proposed name of the society, its objectives, and other relevant details as
required by the Act.
Registration and Incorporation:
Upon receipt of the application, the Registrar of Cooperative Societies
examines it and verifies that it fulfills the necessary requirements. If the
application meets the prescribed criteria, the Registrar grants registration to
the cooperative farming society and issues a certificate of incorporation. The
society is then considered a legal entity.

Membership:
The landowners who apply for the formation of the cooperative farming
society become its members. Additional landowners may also join the society
after its formation, subject to the rules and regulations of the society.

Objectives and Functions:

The cooperative farming society is formed with the objective of pooling
resources, promoting collective farming, and achieving economic and social
benefits for its members. The society may undertake various activities
related to agriculture, such as cultivation, production, processing,
marketing, and distribution of agricultural products.

Land Pooling:
Upon formation of the cooperative farming society, the individual landowners
contribute their land to the society by pooling it together. The land is
collectively managed and utilized for the purposes outlined in the society's
objectives.

Transfer of Ownership:
When the land is pooled into the cooperative farming society, the ownership
of the land remains with the individual members. However, they transfer the
possession and management rights of their land to the society for collective
farming purposes. The society has the authority to decide on the allocation
and use of the land for cultivation.

Rights and Benefits:

The members of the cooperative farming society have equal rights and
benefits in the society's operations. They participate in decision-making,
 share in the profits or losses, and enjoy the advantages of collective farming,
such as shared resources, knowledge, and economies of scale.

12.Discuss the steps to be taken by the state govt. to prevent the fragmentation
cause due to partition .sec 14(5)

Ans - Under the West Bengal Land Reforms Act, 1955, the state government
can take several steps to prevent fragmentation caused by partition. Here are
some possible steps that can be taken:

Land Consolidation Schemes: The state government can initiate land

consolidation schemes aimed at consolidating fragmented land holdings.
These schemes involve the reorganization and reallocation of land parcels to
create consolidated and contiguous blocks of land. Landowners affected by
partition can be encouraged to voluntarily participate in such schemes.

Incentives for Consolidation: The government can provide incentives to

landowners who voluntarily participate in land consolidation schemes. These
incentives may include financial assistance, tax benefits, or other incentives
to motivate landowners to merge their fragmented plots into larger, more
manageable units.

Awareness and Education: The state government can conduct awareness

campaigns and educational programs to educate landowners about the
negative impacts of fragmentation caused by partition. By promoting the
benefits of consolidation and raising awareness about the potential risks of
fragmented land holdings, landowners can be encouraged to take steps to
prevent further fragmentation.

Land Use Planning: The government can enforce effective land use planning
policies to regulate land fragmentation. This can involve setting minimum
plot sizes, restricting subdivisions, and implementing zoning regulations to
prevent excessive fragmentation and ensure efficient land use.

Permission for Partition: The government can require landowners to seek

permission or approval before partitioning their land. By imposing certain
 conditions and guidelines, the government can regulate the partition process
and discourage fragmentation.

Inheritance Laws: The government can review and update inheritance laws
to discourage the division of land holdings among multiple heirs. This can
involve establishing provisions that encourage joint ownership or require the
collective management of inherited land to prevent further fragmentation.

13.Articulate the objectives of WBPTA, 1977

Ans - The objectives of the West Bengal Premises Tenancy Act, 1977
(WBPTA) are as follows:

Tenant Protection: The WBPTA aims to provide legal protection to tenants

and ensure fair and just treatment in their relationships with landlords. It
seeks to safeguard tenants' rights, prevent arbitrary eviction, and promote
stability and security of tenancy.

Regulation of Rent: One of the main objectives of the WBPTA is to regulate

the rent charged by landlords. It seeks to prevent excessive rent increases,
control rent levels, and ensure that rents are reasonable and affordable for
tenants.

Prevention of Unauthorized Eviction: The WBPTA aims to prevent

unauthorized and unlawful eviction of tenants. It sets out procedures and
requirements that landlords must follow to terminate tenancy or seek
possession of premises, thereby protecting tenants from unjust eviction.

Fair and Transparent Rental Agreements: The Act promotes the use of fair
and transparent rental agreements between landlords and tenants. It seeks
to ensure that the terms and conditions of tenancy agreements are
reasonable, lawful, and clearly defined.

Dispute Resolution: The WBPTA establishes a framework for resolving

disputes between landlords and tenants. It provides mechanisms for settling
disputes related to rent, repairs, maintenance, and other tenancy-related
 matters. The Act aims to facilitate efficient and accessible dispute resolution
processes to ensure a fair resolution of conflicts.

Maintenance and Repairs: The WBPTA places obligations on landlords to

maintain the premises in a habitable condition and carry out necessary
repairs. It seeks to protect tenants from living in substandard or unsafe
conditions and ensures that landlords fulfill their responsibilities regarding
maintenance and repairs.

Tenant Welfare and Social Objectives: The WBPTA has a broader social
objective of promoting tenant welfare and addressing social concerns related
to housing. It seeks to protect vulnerable tenants, such as senior citizens,
women, and low-income households, and promote social justice and equity
in the housing sector.

Balancing Landlord-Tenant Rights: The Act aims to strike a balance between

the rights and interests of landlords and tenants. It recognizes the legitimate
rights of landlords to manage and control their properties while ensuring
that tenants' rights are adequately protected.

14.Define “Land Lord” and “Premises” under the WBPTA, 1997

Ans – Section 2 (c) "landlord" includes any person who, for the time being, is
receiving, or is entitled to receive, the rent for any premises, whether on his
own account or on account of, or on behalf of, or for the benefit of, any other
person or as a trustee, guardian or receiver for any other person or who
would so receive the rent or be entitled to receive the rent, if the premises
were let to a tenant

Section 2 (e) "premises" means any building or part of a building or any hut
or part of a hut let separately, and includes— (i) the gardens, grounds and
out-houses, if any, appertaining thereto, and (ii) any furniture supplied by
the landlord, or any fittings or fixtures affixed, for the use of the tenant in
such building or part of a building or hut or part of a hut.

15.The Premises to which the provision of the WBPTA, 1997 do not apply.
 Ans - 3. Nothing contained in this Act shall apply to— (a) any premises
owned by— (i) the Central Government, or (ii) any State Government, or (iii) a
Government undertaking or enterprise, or (iv) a statutory body which is not
a local authority, (v) a Cantonment Board constituted under the
Cantonments Act, 1924, or (vi) a local authority; (b) any tenancy created by
the Central Government or any State Government in respect of the premises
taken on lease or requisitioned by that Government; 16 of 1908. (c) any
tenancy where the lease has been registered under the Registration Act,
1908, before or after the commencement of this Act; (d) any premises rented
to a foreign mission or international agency; (e) any premises let out for
residential purpose, not being a premises within the purview of clause (c),
which carries more than— (i) two thousand rupees as monthly rent in the
areas included within the limits of the Calcutta Municipal Corporation or the
Howrah Municipal Corporation, or (ii) one thousand rupees as monthly rent
in other areas to which this Act extends; (f) any premises let out for non-
residential purpose, which carries more than— (i) three thousand rupees as
monthly rent in the areas included within the limits of the Calcutta
Municipal Corporation or the Howrah Municipal Corporatin, or (ii) one
thousand and five hundred rupees as monthly rent in other areas to which
this Act extends. Explanation.—Where any premises is let out partly for
residential purpose and partly for non-residential purpose, the provisions of
clause (f) shall apply to such premises in proportion to respective areas.

16.Determine whether the following are sub-letting or not:

i. A tenant permanently shifted his residence leaving the premises to be
occupied by his brother exclusively
ii. A tenant has taken the tenancy to carry or diverse activities from the said
premises
iii. A tenant keeps paying guests in the residential premises.

Ans - i. A tenant permanently shifted his residence, leaving the premises

to be occupied by his brother exclusively:
In this case, if the tenant has completely vacated the premises and
allowed his brother to occupy it exclusively, it can be considered
subletting. Subletting refers to the act of a tenant granting the use or
 possession of the rented premises to another person, known as a sub-
tenant, while the original tenant retains the primary tenancy. Therefore,
in this situation, it can be classified as subletting.

ii. A tenant has taken the tenancy to carry out diverse activities from the
said premises:
If the tenant is using the rented premises to carry out different activities
or purposes within the scope of their original tenancy agreement, it
would not be considered subletting. As long as the tenant is using the
premises for the purposes allowed by the tenancy agreement, it does not
involve subletting.

iii. A tenant keeps paying guests in the residential premises:

If a tenant allows paying guests to stay in the residential premises, it may
or may not be considered subletting, depending on the specific
circumstances and the terms of the tenancy agreement. If the tenancy
agreement explicitly prohibits subletting or the hosting of paying guests,
then allowing paying guests would be a violation of the agreement and
can be considered subletting. However, if the tenancy agreement permits
the tenant to have guests or does not specifically address the issue of
paying guests, it may not be considered subletting.

17.Whether Car Parking comes within the purview of the essential supply which
is required to be maintained by land lord as per WBPTA, 1997

Ans - According to the West Bengal Premises Tenancy Act, 1997 (WBPTA),
the term "essential supply" generally refers to basic amenities and services
necessary for the comfortable use and occupation of a rented premises.
While the Act does not explicitly mention car parking as an essential supply,
it may be subject to interpretation based on the specific circumstances and
provisions of the tenancy agreement.
However, if the tenancy agreement does not specifically mention car parking
or if it is not considered an integral part of the rented premises, it may not
fall within the purview of essential supplies that the landlord is obligated to
maintain under the WBPTA.
18.Obligation of land lord

Ans – Sec 4 of WBPTA, 1997

(1) Every landlord_ or his authorised agent shall issue a written receipt in
the prescribed form signed by him forthwith on receipt of the amount of rent
and the charges relating to the maintenance of premises from the tenant.
(2) Every landlord shall be bound to keep the premises in good and
tenantable condition.
(3) Every landlord shall be bound to take measures for due maintenance of
essential supply or service comprised in the 'tenancy.
(4) No landlord shall claim, demand or receive any premium or other
consideration whatsoever for giving his consent to the subletting of whole or
any part of the premises held by the tenant.

19.Examine whether Fair rent can be fixed on consent between the land lord
and tenant under the WBPTA, 1997

Ans - Under the West Bengal Premises Tenancy Act, 1997 (WBPTA), the
determination of fair rent for a premises is primarily done by the Rent
Controller appointed under the Act. The Rent Controller considers various
factors such as the type of premises, location, amenities, condition, and
prevailing market rates to determine a fair rent.

While the Act provides a framework for the Rent Controller to determine fair
rent, it does not explicitly address the ability of the landlord and tenant to fix
the rent on their own through mutual consent. However, it is generally
understood that if both the landlord and tenant voluntarily agree on a rent
amount that is deemed fair and reasonable by both parties, it is acceptable.

20.Prepare a list of circumstances in which the tenant will be entitled to deposit

rent with the controller

Ans - Under the West Bengal Premises Tenancy Act, 1997 (WBPTA), Sec 13,
a tenant may be entitled to deposit rent with the Rent Controller in certain
circumstances. Here is a list of common circumstances in which a tenant
can deposit rent with the Rent Controller:
 Non-Acceptance of Rent by the Landlord: If the landlord refuses to accept
rent without reasonable cause, the tenant can deposit the rent with the Rent
Controller.

Dispute regarding Rent Amount: If there is a dispute between the landlord

and tenant regarding the amount of rent payable, the tenant can deposit the
disputed amount with the Rent Controller until the matter is resolved.

Failure to Provide Essential Services: If the landlord neglects or fails to

provide essential services such as water, electricity, sanitation, etc., and the
tenant has served a notice demanding the provision of such services, the
tenant can deposit the rent with the Rent Controller until the services are
provided.

Failure to Carry Out Necessary Repairs: If the landlord neglects or fails to

carry out necessary repairs that are the landlord's responsibility, and the
tenant has served a notice demanding the repairs, the tenant can deposit the
rent with the Rent Controller until the repairs are done.

Non-Compliance with Rent Controller's Order: If the landlord fails to comply

with an order or direction issued by the Rent Controller, and the tenant has
served a notice to the landlord regarding such non-compliance, the tenant
can deposit the rent with the Rent Controller.

Dispute regarding Possession or Title: If there is a dispute between the

landlord and tenant regarding possession or title to the premises, and the
tenant has reasonable grounds to believe that the landlord's claim is not
valid, the tenant can deposit the rent with the Rent Controller until the
dispute is resolved.

21. Explain Essential Supply And withholding of essential supply

Ans - To clarify, "essential supply and services" generally refer to basic

amenities necessary for the comfortable use and occupation of a rented
premises. These may include facilities such as water, electricity, sanitation,
 and other essential services required for the proper functioning of the
premises.
According to Section 27(1)(c) of the WBPTA, a landlord is prohibited from
withholding or discontinuing any essential supply or service to the tenant
without just and sufficient cause.

Essential supply refers to basic amenities and services necessary for the
comfortable use and occupation of the rented premises. It may include
facilities such as water, electricity, sanitation, and other essential services
that are essential for the proper functioning of the premises.

If a landlord withholds or discontinues essential supply without just and

sufficient cause, the tenant may have grounds to initiate legal action and
seek remedies under the WBPTA. The tenant can file a complaint with the
Rent Controller, who has the authority to order the restoration of essential
supply and impose penalties on the landlord for non-compliance.

It's important for both landlords and tenants to understand their rights and
obligations under the WBPTA regarding essential supply and services.
Specific provisions and details related to the withholding of essential supply
may be further outlined in the act or its accompanying regulations.

22.Explain section 6 of the WBPTA, 1997

Ans - 6. (1) Notwithstanding anything to the contrary contained in any

Protection of other law for the time being in force or in any contract, no order
or decree tenant against for the recovery of the possession of any premises
shall be made by the eviction. Controller in favour of the landlord against the
tenant, except on an application made to him by the landlord in the
prescribed manner on one or more of the following grounds:— (a) where the
tenant has sublet, assigned or otherwise parted with the possession of whole
or any part of the premises without obtaining the consent in writing of the
landlord or the tenant has used the premises for a purpose other than that
for which it was let out without obtaining the consent in writing of the
landlord; where the tenant has made default in payment of rent for three
months within a period of twelve months, or for three rental periods within a
 period of three years where the rent is not payable monthly; (c) where the
premises is required by the landlord for the purpose of building or rebuilding
or for making substantial addition or alteration thereto and such building or
rebuilding or substantial addition or alteration cannot be carried out without
the premises being vacated; (d) where the premises is required by the
landlord for his own occupation if he is the owner or for the occupation of
any person for whose benefit the premises is held and the landlord or such
person is not in possession of any suitable accommodation within the same
Municipal Corporation or Municipality or within ten kilometres from such
premises in any other area where this Act extends; (e) where the tenant has
given notice to quit but has failed to deliver vacant possession of the
premises to the landlord in accordance with such notice;

23.Operation Barga was an exercise in legal empowerment. Justify.

Ans - Operation Barga was indeed an exercise in legal empowerment in the

context of land reforms in West Bengal, India. It was implemented during the
late 1970s and early 1980s with the aim of providing legal recognition and
security of tenure to sharecroppers (bargadars) who were previously
marginalized and vulnerable.

The primary objective of Operation Barga was to address the long-standing

issue of landlessness and exploitation faced by sharecroppers. It aimed to
grant them legal rights and protection, ensuring they received a fair share of
the agricultural produce from the land they cultivated.

Under Operation Barga, surveys were conducted to identify and document

sharecroppers, and they were provided with recorded rights over the land
they worked on. This legal recognition empowered them to negotiate better
terms with landowners and access various government welfare schemes and
benefits.

The implementation of Operation Barga played a significant role in bringing

about social and economic changes in rural areas of West Bengal. It helped
in reducing the exploitation of sharecroppers, promoting agricultural
productivity, and bringing about a sense of security and empowerment
among the marginalized farming communities.