INDUREKHA CHOWDHURY Vs. SAPTAPARNI CO OPERATIVE HOUSING SOCIETY

JUDGEMENT

(1.) The common subject-matter of challenge in these revisional applications is the impugned judgment and order dated January 17, 2003, passed by the learned members of the West Bengal Co-operative Tribunal in Appeal No. 25 of 1998, affirming the judgment and award dated April 30, 1998, passed by the learned arbitrator, in Dispute Case Nos. 44/RCS/1987- 88, 50/RCS/1987-88, 51/RCS/1987-88, 52/RCS/1987-88, 53/RCS/1987-88 and 54/RCS/1987-88.

(2.) Briefly stated, the facts are as follows: - National Co-operative Housing Society Limited, acquired certain plots of land on 58, Ballygunge Circular Road and caused construction of several multistoried buildings, comprising of several residential flats, community hall, servants rooms, car parking space etc. Such allotments were made as far back as in the year of 1975/76. Thereafter, possession of the flats were given to the members from time to time. Of the several multistoried buildings, there is one building which has fourteen stories. In this particular building there are seven flats of each floor namely, A, B, C, D, E, F, & G. There are three servant rooms in each floor one each is marked for A type, C type and G type flats. The A type flat allottees, at the time of taking possession, took possession of the servant room also. Since 1976, they were possessing the flat along with the servants room, so also the owners of flat "C" and flat "G".

(3.) Owners of flat "B" was handed over with the possession of their flats in 1976-1977, without servants room. In 1978, the society, National Co-operative Housing Society Limited, by its circular dated 07.1.1978, indicated the area of the flats, cost of the flats and the status of the servants room. Later on, the Administrator subjected the entire property to the West Bengal Apartment Ownership Act.