Biswanath Somadder - (1.) THE common subject-matter of challenge in these revisional applications is the impugned judgment and order dated January 17, 2003, passed by the learned members of the West Bengal Cooperative Tribunal in Appeal No. 25 of 1998, affirming the judgment and award dated April 30, 1998, passed by the learned arbitrator, in Dispute Case Nos. 44/RCS/1987-88, 50/RCS/1987-88, 51 RCS/1987-88, 52/RCS/1987- 88, 53/RCS/1987-88 and 54/RCS/1987-88.
(2.) BRIEFLY stated, the facts are as follows: National Co-operative Housing Society Limited, acquired certain plots of land on 58, Bally gunge Circular Road and caused construction of several multlstoried buildings, comprising of several residential flats, community hall, servants' rooms, car parking space etc. Such allotments were made as far back as in the year of 1975/76. Thereafter, possession of the flats were given to the members from time to time. Of the several multi-storied buildings, there is one building which has fourteen stories. In this particular building there are seven flats of each floor namely, A, B, C, D, E, FandG. There are three servant rooms in each floor - one each is marked for A type, C type and G type flats. The A type flat allottees, at the time of taking possession, took possession of the servant room also. Since 1976, they were possessing the flat along with the servants' room, so also the owners of flat "C" and flat "G". Owners of flat "B" was handed over with the possession of their flats in 1976-1977, without servant's room. In 1978, the society, National Cooperative Housing Society Limited, by its circular dated 07.1.1978, indicated the area of the flats, cost of the flats and the status of the servant's room. Later on, the Administrator subjected the entire property to the West Bengal Apartment Ownership Act. The Society, National Co-operative Housing Society Limited, was later sub-divided into two societies, namely, Saptaparni Co-operative Housing Society Limited and Naba Kailash Co-operative Housing Society Limited, by an order contained in the Calcutta Gazette published on July 22, 1985.
(3.) FIVE allottees of "B" type flats namely, Mrs. Binita Sen, Smt. Jayasree Ghosh, Smt. Aparna Dasgupta, Smt. Reba Banerjee and Smt. Anjali Bose filed six separate dispute proceedings, being Dispute Case nos. 50/RCS of 1987-88, 51/RCS of 1987-88, 52/RCS of 1987-88, 53/RCS of 1987-88, 54/ RCS of 1987-88 and 44/RCS. of 1987-88, which culminated in the award dated 30th April, 1998 passed by the learned arbitrator appointed under the provision of he West Bengal Co-operative Societies Act. The operative portion of the award dated 30th April, 1998, reads as follows: Award: The allotment of the servant room to the defendants who are allottees of A type flats is declared void. (2) The defendants shall vacate the servant room within a period of three weeks and hand over quiet possession of the servant rooms to the defendant No. 1. (3) The defendant No. 1 shall there upon allot the servant rooms adjacent to the flats of the plaintiffs within a period of two months after remeasurement in the same manner the defendant No. 1 has handed over servant quarter to 'C', 'F' and 'G' type flat allottees. (4) If upon remeasurement an amount is payable by the plaintiffs to the defendant No. 1 the plaintiffs shall pay such amount to the defendant No. 1 before taking possession of the servant rooms in question. (5) There shall be no order as to costs." This" award was later challenged before the learned Tribunal which passed the impugned judgment and order dated January 17, 2003, confirming the award of the learned arbitrator.;