ALOK KUMAR SINHA Vs. STATE

JUDGEMENT

(1.) This First Miscellaneous Appeal is directed against the judgment and order dated 8th August, 2013 passed by the learned Additional District Judge, 5th Fast Track Court, Alipore in Act XXXIX Case No.118 of 2012.

(2.) For the purpose of deciding the questions of law involved in the instant appeal, salient facts are stated below:-

(3.) One Ahin Kumar Sinha was a member of Ayakar Griha Nirman Samabaya Samity Limited, a society, registered under the West Bengal Co-operative Society's Act. Being a member of the said society Ahin Kumar Sinha was allotted one share of the society and a plot of land being plot No.X-20 measuring approximately three cottahs of land within Mouza Chakgaria. After allotment of such land, the said Ahin Kumar Sinha made full payment of Rs.4880/- towards consideration price of the said land. However, no deed of conveyance was executed by and between the Co-operative Society and Ahin Kumar Sinha. Said Ahin Kumar Sinha appointed her aunt Bibhabati Sinha as the nominee in accordance with the provision of Section 76 of the West Bengal Co-operative Society's Act, 2006 (hereafter described as the said Act). Bibhabati Sinha, however, predeceased Ahin Kumar Sinha and subsequently no nomination was made in respect of his estate or interest of the said society by Ahin Kumar Sinha.