PRATIMA CHOWDHURY Vs. KALPANA MUKHERJEE
LAWS(SC)-2014-2-14
SUPREME COURT OF INDIA
Decided on
February 10,2014
Pratima Chowdhury
Appellant
VERSUS
Kalpana Mukherjee
Respondents
Referred Judgements :-
SUBHASH CHANDRA DAS MUSHIB VS. GANGA PROSAD DAS MUSHIB [REFERRED TO]KASINKA TRADING VS. UNION OF INDIA [REFERRED TO]
KRISHNA MOHAN KUL NANI CHARAN KUL VS. PRATIMA MAITY [REFERRED TO]
ANIL RISHI VS. GURBAKSH SINGH [REFERRED TO]
H B BASAVARAJ VS. CANARA BANK [REFERRED TO]
MONNET ISPAT AND ENERGY LTD VS. UNION OF INDIA [REFERRED TO]
Cited Judgements :-
MRS. JAYASHREE JAYANTH VS. MR. N. KRISHNASWAMY AND MRS. PREMALEELA KRISHNASWAMY (DECEASED) AND OTHERS [LAWS(MAD)-2017-9-313] [REFERRED TO]PERUMAL VS. RAMASAMY (DECEASED) [LAWS(MAD)-2018-4-325] [REFERRED TO]
B.SUDHARMANI VS. N.DEVARAJAN [LAWS(KER)-2015-12-36] [REFERRED TO]
MUKESH KAPOOR VS. UNION OF INDIA [LAWS(BOM)-2022-6-100] [REFERRED TO]
SOMYA GUPTA VS. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY [LAWS(APH)-2019-1-10] [REFERRED TO]
SOMYA GUPTA VS. GURU GOBIND SINGH INDRAPRASTHA [LAWS(DLH)-2019-1-3] [REFERRED TO]
STATE OF H.P. & ORS. VS. RAJESH CHANDER SOOD ETC. ETC. [LAWS(SC)-2016-9-45] [REFERRED TO]
BAINI PRASAD (D) THR. LRS. VS. DURGA DEVI [LAWS(SC)-2023-2-4] [REFERRED TO]
RUGMINI AMMA VS. BHAVANI AMMA [LAWS(KER)-2018-10-428] [REFERRED TO]
BIMLA SACHDEV VS. SUBUR [LAWS(DLH)-2024-7-142] [REFERRED TO]
SHUBHAM GARG VS. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY [LAWS(DLH)-2019-12-136] [REFERRED TO]
SWARNA KRISHNASWAMY VS. GURU [LAWS(MAD)-2023-3-457] [REFERRED TO]
SRI MALAPRABHA CO-OP SUGAR FACTORY LTD. VS. STATE OF KARNATAKA AND ORS. [LAWS(SC)-2015-8-44] [REFERRED TO]
DAKSHIN SHELTERS PVT. LTD VS. PARIKSHIT SHAH [LAWS(TLNG)-2023-9-32] [REFERRED TO]
JOSE MATHEW AND ORS. VS. JAMES AVIRAH AND ORS. [LAWS(KER)-2016-2-70] [REFERRED TO]
RAJAMMAL VS. SHANMUGAM [LAWS(MAD)-2014-11-63] [REFERRED TO]
GAYA PRASAD VS. LAXMI NARAYAN [LAWS(ALL)-2019-5-370] [REFERRED TO]
DHARAMPAL VS. STATE OF HARYANA [LAWS(P&H)-2020-7-87] [REFERRED TO]
STATE OF H P & ORS VS. RAJESH CHANDER SOOD ETC [LAWS(SC)-2016-9-122] [REFERRED TO]
MONAKKA SHINDE VS. MARUTI SHINDE [LAWS(KAR)-2017-10-173] [REFERRED TO]
BRANCH MANAGER, L I C OF INDIA AND ANOTHER VS. RASHMI GARG [LAWS(ALL)-2016-4-273] [REFERRED]
SMT. GANDLA LAXMI VS. SMT. G.ASHAVVA [LAWS(APH)-2018-11-17] [REFERRED TO]
CONTONMENT BOARD VS. YOGESH MOHAN [LAWS(ALL)-2014-4-438] [REFERRED TO]
AMMALUKUTTY VS. GOKULDAS [LAWS(KER)-2020-9-312] [REFERRED TO]
ALL INDIA IDBI SC,ST,NAV BUDDHIST & OBC VS. IDBI BANK LTD. [LAWS(BOM)-2017-3-116] [REFERRED TO]
GANDLA LAXMI & OTHERS VS. G ASHAVVA & OTHERS [LAWS(TLNG)-2018-11-1] [REFERRED TO]
RAMRAO VS. MALLAYYA AND ORS. [LAWS(KAR)-2015-2-60] [REFERRED TO]
MUHAMMED SIYAD P.A. AND ORS. VS. SREEJITH APPU AND ORS. [LAWS(KER)-2016-2-36] [REFERRED TO]
B.SUDHARMANI VS. BABURAJAN K. [LAWS(KER)-2015-12-37] [REFERRED TO]
S THIAGARAJAN VS. CHITKALA GOVINDASWAMY [LAWS(MAD)-2015-9-319] [REFERRED TO]
JUDGEMENT
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(1.)Orchestra Co-operative House Society Limited (hereinafter referred to as 'the Society') raised flats at 48/IE, Gariahat Road, Calcutta 700019. Indirani Bhattarcharya became a member of the Society on 12.1.1987. She was issued share certificates bearing nos. 0047 and 0048. Based on the above membership she was allotted flat no. 5D for a consideration of Rs. 4 lakhs. The above flat measuring 900 sq. ft. comprised of three bed rooms, two bath rooms, one drawing-cum-dinning room, a kitchen and verandah on the fourth floor. In addition to the above, she was allotted one covered garage space on the ground floor. The transfer of the flat no. 5D by the Society to Indirani Bhattacharya was approved by the Deputy Registrar, Co- operative Societies.
(2.)On 27.3.1991, Indirani Bhattacharya submitted her resignation from the Society in favour of Pratima Chowdhury (i.e., the petitioner herein). On 15.4.1991, Indirani Bhattacharya executed an agreement for transfer of flat no. 5D to Pratima Chowdhury subject to the consent of the Society and the approval of the Deputy Registrar, Co-operative Societies, for a consideration of Rs. 4 lakhs. The Society having consented to the request of Indirani Bhattacharya sought the approval of the Deputy Registrar, Co- operative Societies through a letter dated 29.4.1991. In this behalf it would also be relevant to mention that Board of Directors of the Society had resolved in its meeting held on 16.2.1992, to accept the resignation of Indirani Bhattacharya, as also, the consequential transfer of the membership of the Society and the ownership of the flat to the name of Pratima Chowdhury. In the above resolution, the name of Pratima Chowdhury as a member of the Society was approved with effect from 9.1.1992. The Secretary of the Society informed Pratima Chowdhury on 17.2.1992, that her membership to the Society, as also, the transfer of flat no. 5D to her name, had been approved by the Deputy Registrar, Co-operative Societies.
(3.)The facts available on the records reveal that Partha Mukherjee (son-in- law of the petitioner's sister, and son of the respondent) occupied the petitioner's flat. Partha Mukherjee was employed as Regional Sales Manager with Colgate Palmolive (India) Limited. On 9.3.1992, Colgate Palmolive (India) Limited, confirmed having taken flat no. 5D on lease and license, for a period of three years (with effect from 1.4.1992), for the residence of Partha Mukherjee. The pleadings also reveal, that with effect from 1.4.1992, Colgate Palmolive (India) Limited, took the aforesaid flat on a monthly rent of Rs. 5,000/-. The above said monthly rent, was deposited in the joint account of the petitioner Pratima Chowdhury and Partha Mukherjee.
(2.)On 27.3.1991, Indirani Bhattacharya submitted her resignation from the Society in favour of Pratima Chowdhury (i.e., the petitioner herein). On 15.4.1991, Indirani Bhattacharya executed an agreement for transfer of flat no. 5D to Pratima Chowdhury subject to the consent of the Society and the approval of the Deputy Registrar, Co-operative Societies, for a consideration of Rs. 4 lakhs. The Society having consented to the request of Indirani Bhattacharya sought the approval of the Deputy Registrar, Co- operative Societies through a letter dated 29.4.1991. In this behalf it would also be relevant to mention that Board of Directors of the Society had resolved in its meeting held on 16.2.1992, to accept the resignation of Indirani Bhattacharya, as also, the consequential transfer of the membership of the Society and the ownership of the flat to the name of Pratima Chowdhury. In the above resolution, the name of Pratima Chowdhury as a member of the Society was approved with effect from 9.1.1992. The Secretary of the Society informed Pratima Chowdhury on 17.2.1992, that her membership to the Society, as also, the transfer of flat no. 5D to her name, had been approved by the Deputy Registrar, Co-operative Societies.
(3.)The facts available on the records reveal that Partha Mukherjee (son-in- law of the petitioner's sister, and son of the respondent) occupied the petitioner's flat. Partha Mukherjee was employed as Regional Sales Manager with Colgate Palmolive (India) Limited. On 9.3.1992, Colgate Palmolive (India) Limited, confirmed having taken flat no. 5D on lease and license, for a period of three years (with effect from 1.4.1992), for the residence of Partha Mukherjee. The pleadings also reveal, that with effect from 1.4.1992, Colgate Palmolive (India) Limited, took the aforesaid flat on a monthly rent of Rs. 5,000/-. The above said monthly rent, was deposited in the joint account of the petitioner Pratima Chowdhury and Partha Mukherjee.
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