Order

Leave granted

2. Heard learned counsel for the parties. This appeal is directed against the judgment dated 14.2.1996 passed by a Division Bench of the Calcutta High Court in FMAT No. 3326 of 1991. One Ranendra Kumar Acharya, since deceased, was a member of Manicktala Cooperative Hous­ing Society Ltd. situated at 108/B, Manicktala Main Road, Calcutta-54. He was allotted Flat No. K/82 and after payment of the agreed value, the possession of the flat was delivered to Shri Ranendra Kumar Acha­rya. There is no dispute that Shri Acharya died as a bachelor. It also appears that he made a nomination in favour of the respondent, Abinash Chandra Chakraborty in respect of the said flat.

3. The dispute arose when the Cooperative Society wanted to hand over the possession of the said flat of Shri Chakraborty because the appel­lants were found in physical possession of the said flat. The case of the appellants was that since Shri Ranendra Kumar Acharya died intes­tate, they had inherited the said property of Ranendra Kumar Acharya according to the rules of intestate succession under the Hindu Succes­sion Act. The respondent, however, contended that as nomination was made in his favour, the Co