RADHA RANI BHADAURIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule.

(2.) The present writ petition has been filed by the petitioner who claims to have got a will in her favour executed by Smt.Rukmani Bai, widow of late Sh.K.B.Hardasani who was a member of respondent No.2/ Society. The Will.has been probated. Rehabilitation Ministry Employees Co-operative House Building Society Ltd. which is Respondent No.2 in the present case refused to execute a sub-lease in favour of the petitioner. Hence this writ petition. Objections taken by respondent No.2 are two fold. Mr.Bhushan counsel for respondent No.2 has contended that any transfer of the right under membership by the widow of Late K.B.Hardasani is inconsistent and contrary to the terms of allotment of land in favour of respondent No.2. He has further contended that no member can enter into speculative transaction and, therefore, the respondent No.2 is not under an obligation to execute a sub-lease in favour of the petitioner and has relied upon a Division Bench Judgment of this Court in Shri Lajpat Rai Sharma vs. Union of India and other CW 2309/96 decided on 14/8/1998.

(3.) On the other hand, counsel for the petitioner has contended that respondent No.2 allocated plot No.A-317, Shivalik, near Malviya Nagar, New Delhi measuring 190 sq.yds. in favour of Smt.Rukmani Bai widow of late Sh.K.B.Hardasani. It has been contended that the Registrar of Cooperative Society verified the membership of Smt.Rukmani Bai as nominee/legal heir of late Sh.K.B.Hardasani. Late Rukmani Bai during her life time executed a registered will on 24/3/1990 in favour of the petitioner and bequeathed, gave, demised all the rights, interests, liens and titles in the plot of land bearing A-317, Shivalik together with all the benefits attached thereto, membership rights of her. Rukmani Bai died on 6/5/1990. Petitioner filed a Probate Case No.369/94 for the grant and issuance of Probate in favour of the petitioner.