AJIT KUMAR BOSE Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-1994-11-19
HIGH COURT OF CALCUTTA
Decided on November 30,1994

AJIT KUMAR BOSE Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

Shyamal Kumar Sen, J. - (1.)In the instant writ petition the petitioner seeks to challenge the mutation made in March, 1984 by South Dum Dum Municipality of certain properties originally belonging to and owned by the mother of the petitioner, in the name of the respondent No. 5, M/s. Hindustan Sheet Metal Limited.
(2.)The main contention in this writ petition is that the said mutation was effected contrary to tire Judgment passed by Dipak Kumar Sen, J. as His Lordship then was in an application under Sec. 391(2) and 394 of the Companies Act, 1956. Although from the records it appears that the Municipality mutated the name of the respondent No. 5. only on the basis of the said order. To appreciate the contention between the parties, it is necessary to consider the facts which are shortly stated hereinafter.
(3.)Respondent No. 5 was a tenant of said Bimala Prava Bose in respect of the land in question under a lease. The landlady ceased to accept rent from the company and the respondent No. 5 started depositing rent with the Rent Controller. By the said scheme of Arrangement of Compromise the said dispute was resolved by allotment of 50,000 shares of Rs. 10.00 each as fully paid up shares in favour of the said landlady by the respondent No. 5 in exchange for transfer of the said land to the respondent No. 5. The petitioner claims to be the son of late Bimal Prava Bose who was originally the owner of the said property and who transferred the said property during her lifetime to the respondent No. 5 for a consideration in the form of allotment of shares of the respondent No. 5 in favour of the said late Bimal prava Bose. The transfer has been duly concluded and the consideration has duly passed from the transferee to the transferor during the lifetime of Bimal Prava Bose. Pursuant to the said Scheme of Arrangement duly sanctioned by this Court, 50,000 shares in the respondent No. 5 were allotted to the original landowner, said Bimal Prava Bose, the mother of the petitioner. The transaction of transfer is a fait accompli and the same has been duly acted upon and given effect to by the parties concerned including the original landowner during her lifetime. Bimal Prava Bose never claimed that she retained any interest in the property and as such one of her sons cannot claim any right over and in respect of the said land.


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