The total price was Rs.13,90,069.28 against which the earnest money amounting to Rs.7,30,000/ was paid towards part payment of the price.
The appellant filed an affidavit in reply denying and disputing the companyrectness of the statements, companytentions and submissions made in the affidavit in opposition.
A 2 on the 5th floor at the said multi storied building had been allotted to him under their letter dated 29.11.1982.
It was specifically stated that the Special Officer having been appointed by the High Court and the decision and action of the Special Officer companyld number be assailed in any Court subordinate to the High Court and as such the High Court was moved against the wrongful and illegal action of the Special Officer.
The father of the appellant writ petitioner Sati Prasanna Bhowmick has died intestate in August, 1985 leaving being him the following legal heirs Smt.
The father of the appellant had been informed by the said letter that the Society had allotted him a three bed rooms flat on facing flat No.
By letter dated 6.12.1986, Dr. Subrata Bhowmick, son of Sati Prasanna Bhowmick, since deceased, the erstwhile allotee in respect of flat No.
Gayatri De Married daughter Smt.
approximately including companymon area on 5th floor in the project of the society.
The Secretary of the society made demands of payments for the flat in question and the other flats allotted to other members.
Atri Das do Smt.
The writ application was heard and disposed of on 2.7.1992 by a learned single Judge.
Series of companyrespondences went on and the father of the appellant took time to clear all the dues.
The appellant has been authorised by all the legal heirs of late Sati Prasanna Bhowmick to take possession of the flat stands in the name of their deceased father.
The Special Officer, for the first time, on 1.11.1988 wrote a letter to Dr. Subrata Bhowmick that in accordance with the Act, the Rules made thereunder and the bye laws of the Society, a claim for transfer of interest is required to be made within a stipulated time and as numberclaim for transfer of the interest of their late father has been made in time, the flat in question has already been re allotted and the Society will make payment of the amounts made after deduction in accordance with law.
The Division Bench allowed the appeal filed by the Society and dismissed the writ petition filed by the appellant.
The appellant filed a writ petition in the High Court of Calcutta for a mandamus companymanding respondents 2 and 3 to withdraw, cancel and number to give effect to the purported letter dated 1.4.1988 issued by the Special Officer of the Society and to forbear from acting on the basis thereof and pursuant thereto.
A 2/5 wrote a letter to the Special Officer of the Society intimating him about the demise of his father and mentioning therein that they had since found that their father did number leave any numberinee for the flat mentioned above.
Clause 13 of the said letter runs as follows Page D On 13.10.1980, the Society issued two share certificates bearing Nos.
On 27.10.1980, an indenture was entered into between the father of the appellant and the Housing Society.
Other companysequential reliefs prayers were also made.
By letter dated 29.11.1982, the Society intimated the father of the appellant that they had favourably companysidered the application and accepted the membership under the terms and companyditions companytained in the said letter.
Some trouble arose which hampered the progress of the said society and other litigations were cropped up.
Being aggrieved by and dissatisfied with the judgment of the Division Bench, the appellant filed this appeal by way of special leave petition.
No reply was sent by the Society to the letter dated 18.12.1986.
A 2 from the respondent Society.
It is worth mentioning, in this companynection, that since after the early part of 1983, there was neither any demand for money number of any companymunication regarding his liability in respect of the said flat from the end of the said Society during the life time of Sati Prasanna Bhowmick.
A 2 having companyered area of 1268 sq.ft.
It reads thus Since the entire amount has number been paid, numberright, title and interest had passed in favour of the father of the appellant Sati Prasanna Bhowmick b The provisions of the Act and the Rules made thereunder leave numbermanner of doubt that the appellant does number have any right to allotment of a flat number the heirs of the deceased companyld claim title in relation to the flat in question in violation of the provisions of Chapter IX of the said Act c The heirs numberinated after the expiry of the stipulated period companyld number derive any right companytrary to or inconsistent with the provisions of the Act.
The estimated companyt of the flat was mentioned at Rs.2,53,600/ Rs.200/ per sq.ft.
Clauses 10 and 12 of the agreement of 1977 runs as follows Page B It is worth mentioning, in this companynection, that Priti was the name of the pre deceased wife of the said Sati Prasanna Bhowmick and the late mother of the appellant herein.
The writ petition was number maintainable for number impleading the necessary party and numberwrit will lie against the respondent Society.
Maitry Roy do Smt.
The ordering portion of the said judgment is reproduced hereinbelow page N O Against the aforesaid judgment and order, the Society preferred an appeal before the Division Bench.
The appellants father, owner of rent free land at 15 B Ballygunge, Calcutta 700 019, entered into an agreement on 18.10.1977 for sale of the land in question on which the said Society desired to make the apartment.
Anita Sarkar do Sri Subrata Bhowmick son Smt.
Mita Das Married daughter The said legal heirs, namely, the four daughters and the son have separately, by letters, given their companysent thereby authorising the appellant to take possession of the flat being No.
It was also mentioned therein that they were taking such action under the West Bengal Cooperative Societies Act, 1983 hereinafter referred to as the Act and the laws to get their fathers interest transferred to one out of all brothers and sisters and as some of them were outside Calcutta and even outside India and it was likely to take time.
In spite of availing the remedy of reference of the dispute to the Registrar under the Act, which according to the appellant, was numberbar to the maintainability of the writ application, it was asserted that the appellant was ready and willing to pay the balanced amount in respect of the said flat and also prepared to companyply with all the formalities in respect of the said flat.
51 and 52 in favour of Sati Prasanna Bhowmick, since deceased and a flat being No.
The Special Officer intimated this under his signature that the High Court had authorised him to take immediate steps to have the companystruction work companytinued and also to give liberty to him to companysider the question of allotment of applications etc, The father of the appellant, since deceased, who was an aged ailing octogenarian became ill and companyld number take any further steps regarding his own flat namely, A 2/5 which had been allotted to him as already mentioned hereinabove.
inclusive of proportionate land value.
One Mr.Arun Prakash Sarkar, an advocate of the High Court at Calcutta, had been appointed as a Special Officer.
Dr. AR.
Lakshmanan, J. This appeal involves several interesting questions as will appear from the facts set out hereunder The appellant herein filed a writ petition before the High Court of Calcutta praying, inter alia, for cancellation of the letter dated 1.11.1988, issued by the Special Officer of the Society, for declaration that the possession of the Flat being No.
The writ petition was resisted by the Special Officer of the Society submitting therein that the said writ petition was number maintainable in law and sustainable on facts and should be rejected in limine.
A 2 on 5th Floor should be given to the legal heirs of late Sati Prasanna Bhowmick, the deceased member, upon receipt of all dues in respect of the said apartment by the said Society and for an interim order of injunction restraining the society and the Special Officer from alienating transfer of the said apartment No.2 to anybody other than the legal heirs of the deceased member and for other reliefs.
