ASHOK CHANDRA AGGARWALA Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The petitioner, Shri AshokChandra Aggarwala, seeks issuance of a writ of mandamus tothe Delhi Administration to substitute his name in place of thename of his late father in the sub-lease executed between hisfather, the President of India and the Supreme Court Bar Cooperative House Building Society Ltd. (hereinafter called 'theSociety').

(2.) Admitted facts are that the petitioner's father Shri C. B.Aggarwala, a Senior Advocate of the Supreme Court, was amember of the Society. The Society is covered by the DelhiCo-operative Societies Act, 1972, (hereinafter called 'the Act')and the Delhi Co-operative Societies Rules, 1973 (hereinaftercalled 'the Rules') as well as by the bye-laws framed by theSociety. Shri C. B. Aggarwala was allotted plot bearing No. A-25, Niti Bagh, New Delhi, by the Society. For the purpose oftransfer of his share he had nominated the petitioner herein inaccordance with Rule 35 of the Rules. Shri C. B. Aggarwaladied on 13/06/1973.

(3.) By a resolution dated 16/05/1975, the Socie.ty passed a resolution substituting the petitioner as a member of theSociety in place of his late father and resolved "that the nameof Shri Ashok Chandra Aggarwala, nominee of late Shri C. B.Aggarwala be substituted in place of Shri C. B. Aggarwala asa member of the Society and as a sub-lessee of plot No. A-25,Ni'ti Bagh, New Delhi. A copy of the resolution be sent toShri A. C. Aggarwala, to the lessors and to other heirs whowrote letters to the Society".