- (1.) 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. 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 flat by the said Society and for an interim order of injunction restraining the Society and the Special Officer from alienating/transferring of the said apartment No. 2 to anybody other than the legal heirs of the deceased-member and for other reliefs.
(2.) The father of the appellant/writ petitioner - Sati Prasanna Bhowmick - has died intestate in August, 1985 leaving behind him the following legal heirs : a) Smt. Gayatri De - Married daughter (Appellant) b) Smt. Atri Das - -do- c) Smt. Maitry Roy - -do- d) Smt. Anita Sarkar - -do- e) Sri Subrata Bhowmick - -do- f) Smt. Mita Das - -do-
(3.) The said legal heirs, namely, the four daughters and the son have separately, by letters, given their consent thereby authorising the appellant to take possession of the flat being No. A-2/5 from the respondent-Society. 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.;