- (1.) Civil APPEAL No.4646 OF 2006 Biswa Ranjan Sengupta (hereinafter referred to as 'the appellant's father'), was admitted as a member of the Sarbar View Cooperative Housing Society Limited (hereinafter referred to as 'the Cooperative Society'), against Flat No.4-RB 2/3, Purbachal Housing Estate, Phase-II, Sector-III, Salt Lake City, Kolkatta. He (Biswa Ranjan Sengupta) had married Parul Sengupta. Out of the above wedlock, there were two children - a daughter (Indrani Wahi) and a son (Dhruba Jyoti Sengupta). It is not a matter of dispute, that his (Biswa Ranjan Sengupta's) membership of 'the Cooperative Society' had resulted in the allotment of the flat referred to hereinabove. Biswa Ranjan Sengupta recorded the name of the appellant - Indrani Wahi, in terms of the mandate contained in Section 79 of the West Bengal Cooperative Societies Act, 1983 (hereinafter referred to as 'the 1983 Act'). Under Section 79, a member of 'the Cooperative Society' is required to nominate a person in whose favour 'the Cooperative Society' would dispose of the share or interest of the member "on his death".
(2.) It is the case of the appellant before this Court, that her father - Biswa Ranjan Sengupta, lived under her exclusive care eversince March 2002, whereafter he died on 22.07.2003. It is also the case of the appellant, that neither the appellant's mother nor her brother participated in the last rites of her father - Biswa Ranjan Sengupta. In our considered view, these facts are irrelevant for the adjudication of the present controversy. They are, however, being recorded herein, on account of the significance assigned to them, in the pleadings, and also during the course of hearing.
(3.) After the death of her father - Biswa Ranjan Sengupta, Indrani Wahi addressed a communication dated 05.08.2003 to the Secretary of 'the Cooperative Society', for entering her name in place of the name of her father, with reference to Flat No.4-RB 2/3, Purbachal Housing Estate, Phase- II, Sector-III, Salt Lake City, Kolkatta. The Managing Committee of the Housing Society passed a unanimous resolution on 15.08.2003, for transferring the membership of Biswa Ranjan Sengupta in 'the Cooperative Society' to the name of the appellant - Indrani Wahi.;