( 1 ) PREMISES No. 90/1/2 Jaharlal Nehru Road, kolkata (hereinafter referred to as the "said building") is a multistoried building under occupation of several tenants and/or occupants. The period of construction, however, could not be ascertained from the records of the proceeding. In 1980 there had been metro railway project undertaken in chowringhee Road area. The concerned building started tilting. Objection was raised on behalf of the adjoining owners which is also a multistoried building being premises number 90/1/1, Jaharlal Nehru Road, Kolkata owned by a co-operative society, commonly known as "green Land" (hereinafter referred to as "green Land" ). According to the co-operative society they first approached metro railway authority who in turn asked them to take up the issue with the adjacent building owner asking them to cause repair of the said building. The metro railway authorities did not, however, show any keen interest to sort out the problem between two building owners. The cause of tilting was a matter of dispute. It might be because of advanced age of the concerned building, it might be for the reason that the adjacent building owner did n