RAJNI TANDON Vs. DULAL RANJAN GHOSH DASTIDAR

JUDGEMENT

(1.) The present Civil Appeal raises questions relating to interpretation of Sections 32 and 33 of the Registration Act, 1908 (hereinafter referred to as "the Act").

(2.) The dispute pertains to a flat situated on the ground floor of a building commonly known as "Nilachal" at Tollygunge, Calcutta (hereinafter referred to as the said premises). The appellant by virtue of a Registered Deed of Conveyance dated 28.02.1990 purchased the said premises from one Sri. Nandlal Tantia (also referred to as Shri N. L. Tantia, Karta of M/s. R. L. Tantia and Sons (HUF). The said Deed of Conveyance was executed by the constituted attorney of Shri. N. L. Tantia, Shri. Indra Kumar Halani, on the basis of a Power of Attorney. It is pertinent of mention herein that the said premises was purchased by Shri Nandlal Tantia in his capacity as a Karta of M/s. R. L. Tantia and Sons (HUF) in August 1978. Mrs. Ava Rani Ghosh Dastidar (Predecessor in interest of Respondent No. 1 herein) was allowed to stay free of charge in the said premises from October, 1978 as a personal gesture of Shri. Nandlal Tantia as a licensee only. Sri. N. L. Tantia, Karta of M/s. R. L. Tantia and Sons intimated the Society about their ownership in the said premises and asked them to send all future correspondence and maintenance bills in their name. They also informed the society that Mrs. Abha Rani Ghosh Dastidar was temporarily staying in the said premises as a licensee.

(3.) It is the case of the appellant that all records / documents, conveyance deed, corporation records, maintenance bills of the "Nilachal Housing Society" in which the said premises was located, resolution of the "Nilachal Housing Society" under the West Bengal Apartment Owners Act giving the detailed list of flat owners, show N. L. Tantia / R. L. Tantia and Sons as the owner of the said premises.