9911796707
TMI Blog1997 (3) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... ent dated 14-2-1996 passed by a Division Bench of the Calcutta High Court in FMAT No. 3326 of 1991. One Ranendra Kumar Acharya, since deceased, was a member of Manicktala Cooperative Housing Society Ltd. situated at 108/B, Manicktala Main Road, Calcutta-54. He was allotted Flat No. K/82 and after payment of the agreed value, the possession of the flat was delivered to Shri Ranendra Kumar Acharya. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent. Such dispute ultimately was raised before the Cooperative Tribunal. The Cooperative Tribunal held that there had been a valid nomination in favour of the respondent by the deceased Shri Ranendra Kumar Acharya but the Tribunal held that the question of title to the property was to be adjudicated by an appropriate forum if the parties would approach such forum. Since no direction for handing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Judge was challenged before the Division Bench of the High Court in appeal. By the impugned judgment, the Division Bench has dismissed the appeal and has upheld the decision of the learned Single Judge. 4. In our view, Mr. Amal Ganguli, learned Senior Counsel appearing for the appellants, has rightly contended that within the limited scope of Section 69 and 70 of the West Bengal Cooperative So ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be made for determining the question of valid nomination under Section 69, title to the property cannot be determined. In terms of determination of valid nomination the consequential direction for delivery of possession can be given in favour of the person having valid nomination under the provisions of Section 70 of the Cooperative Societies Act. The dispute as to the question of title is not to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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