SUJATA MAITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Rule is directed against the order of the West Bengal Co-operative Tribunal dated Dec. 21, 1976 reversing on appeal an award of the Co-operative Development Officer and Arbitrator-II dated June 18, 1976.

(2.) It appears that there was a dispute between the petitioner and the opposite party No. 3 in respect of shares in the Surendranath Co-operative Housing Society Ltd. as also the right, title and interest in Suit No. 22 Unit No. 1, East Block of the Society.

(3.) The petitioner who is the widow of late Tapan Kumar Mitra claimed, with her mother-in-law, the suite as the heirs and legal representatives of the deceased while his brother, the respondent No. 3 claimed the suite as also the shares of the deceased in the society on the basis of a nomination made in his favour by the deceased earlier under Section 69 of the West Bengal Co-operative Societies Act, 1973. The Arbitrator held that the heirs and legal representatives are entitled to the suite while the respondent No. 3 is entitled to the shares of the deceased in the Society. On appeal, the Co-operative Tribunal while confirming the decision on the shares held that the respondent No. 3 was entitled to a transfer of the shares to him and on his being accepted as a member of the society, the suite would vest in him with all liabilities. The connected application under Article 227 of the Constitution was moved on Feb. 28, 1977 on which the instant Rule was issued.