GATATRI DE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS writ application involves several questions as will appear from facts set out hereinafter.

(2.) IT appears from record that one Sati Prasanna Bhomick died intestate on 18th August, 1985, leaving behind him his five married daughters and one married son. The said Sati Prasanna Bhomick since deceased during his life time sold major part of his residential property at No. 15, Ballygunge Circular road, Calcutta -19, to Mousumi Co-operative Housing Society Limited under registered Deed No. 8752 dated the 27th October, 1980. As per the said deed of conveyance a sum of Rs. 1,50,000/- was adjusted as an advance in part payment of the price of 3 flats to be given by the Mousumi Co-operative housing Society Limited to the said Bhowmick since deceased. Thereafter the said Sati Prasanna Bhowmick retained one flat in his name and surrendered the remaining two flats to the said Society in June, 1983, which was duly accepted by the said society.

(3.) IT also appears from record that the said Society issued two shares certificates of Rs. 100,00/- denomination of each bearing Nos. 51 and 52 on the 30th October, 1980 to the said Sati Prasanna Bhowmick and allotted a flat being No. A-2 on the 5th floor at the Mousumi Apartments located at 15, ballygunge Circular Road, Calcutta - 19, to him under their letter No. 58-A, dated the 29th November, 1982 and the said Sati Prasanna Bhowmick paid a sum of Rs. l. 00. 000/- to the said Society for his said apartment out of the original estimated price of Rs. 2,63,000/- only. The petitioner submitted that in Clause No. 13 of the said letter, it has been stipulated that the right and interest in the said Society of said Sati Prasanna Bhowmick will be governed by the provisions of the West Bengal Co-operative Societies Act, Rules and the bye-laws of the said Society.