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Issues: Dispute over possession of a flat due to conflicting claims of inheritance and nomination rights under the West Bengal Cooperative Societies Act, 1973.
Analysis: The case involved a dispute over the possession of a flat between the appellants, who claimed inheritance rights, and the respondent, who claimed rights through a valid nomination. The deceased flat owner had made a nomination in favor of the respondent, leading to the Cooperative Society wanting to hand over possession to the respondent. The Cooperative Tribunal acknowledged the valid nomination but did not decide on the title to the property, prompting a writ petition to the High Court. The Single Judge directed the Cooperative Society to hand over possession to the respondent based on the nomination under Section 70 of the Cooperative Societies Act. The Division Bench upheld this decision, leading to the current appeal before the Supreme Court. The appellants argued that the Cooperative Tribunal and the High Court erred in deciding that a valid nomination automatically confers title to the property under Section 69 and 70 of the West Bengal Cooperative Societies Act, 1973. On the other hand, the respondent contended that the Act is a complete code, allowing the Cooperative Tribunal to decide on title disputes as well. However, the Supreme Court disagreed with this interpretation, stating that the scope of inquiry under Section 69 and 70 is limited to determining the validity of the nomination, not the title to the property. The Court clarified that possession can be directed to be handed over based on a valid nomination, but the question of title must be addressed by an appropriate forum outside the purview of the Cooperative Societies Act. In conclusion, the Supreme Court held that the respondent is entitled to possession of the flat due to the valid nomination made by the deceased flat owner. However, the Court emphasized that the issue of title to the property remains unresolved and should be decided by the appropriate forum if challenged. The appeal was disposed of without costs, maintaining that the Cooperative Tribunal and the High Court did not decide on the title of the flat, leaving it open for determination by the relevant forum.
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