SHASHI BALA CHOUDHARY Vs. RAMGARH CANTONMENT BOARD

JUDGEMENT

(1.) This application is directed against an order dated 27-2-1993 (Annexure-7) passed by respondent No. whereby and whereunder it had reviewed its earlier resolution dated 4-3-1992 as contained in Annexure-3 to this writ application.

(2.) The fact of the matter lies in a very narrow compass.

(3.) The petitioner and the respondent No. 6 jointly prayed for allotment of a shop belonging to the respondent 1. The said shop No. 7 is commonly known as Nanda Hotel, the premises whereof was previously let out to one Rajendra Singh Nanda. In view of some financial stringency, he constituted a partnership firm wherefor he approached the petitioner and the respondent No. 6 and pursuant thereto a partnership deed dated 13-6-1987 by and between the petitioner and respondent No. 6 was entered into. The said Rajendra Singh further transferred his lease-hold interest in favour of respondent No. 6, on 3-6-1987 upon taking his due share in relation thereto. Allegedly, the petitioner and the respondent No. 6 were thus joint lessees and had been depositing the amount of rent and other charges payable to the respondent No. 1 Board jointly. It is stated that upon a joint application of the petitioner and the respondent No. 6, the respondent Board adopted a resolution dated 4-3-1992 as contained in Annexure-3 to the writ application to transfer the premises in question jointly in favour of the petitioner and the respondent No 6 upon receipt of payment of transfer charges and damages in respect of shop Nos. 7-A and 7-B. The petitioner allegedly deposited her share of the said amount namely Rs. 1.14 lakh out of Rs. 2.28 lakhs under receipts dated 4-2-1992, 4-3-1992 and 7-3-1992 which are contained in Annexures 4 to 4/A and 4/B. It has further been contended that both the petitioner and the respondent No. 6 jointly deposited further rents. According to the petitioner, her husband fell ill and ultimately died on 17-3-1993. It is alleged that taking advantage of the said fact, the respondent No. 6 deposited the rest of the amount with the respondent Board and in pursuance of a resolution dated 27-2-1993 adopted in a special meeting on that date at about 9.30a.m. shop Nos. 7, 7-A and 7-B were directed to be granted in favour of the respondent No. 6 in his individual capacity.