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2006 Supreme(SC) 432

S.B.SINHA, P.P.NAOLEKAR
A. Jitendernath – Appellant
Versus
Jubilee Hills Coop. House Bld. Soc. – Respondent


JUDGMENT

S.B. Sinha, J.—These appeals are directed against judgments and orders dated 13.11.2001 and 22.4.2002 passed by the High Court of Andhra Pradesh in Civil Revision Petition No. 283 of 2000 and Civil Miscellaneous Petition No. 7763 of 2002 respectively.

2. Jubilee Hills Cooperative House Building Society Limited, Hyderabad is a Society registered under the Andhra Pradesh Cooperative Societies Act, 1964. It had enrolled a large number of members. The father of the one Shri Anne Srinivas and the mother of the Appellant, Mrs. A. Annapurna Devi, herein were members of the said Society.

3. From a perusal of the bye-laws framed by the said Society, it appears that it intended to allot one plot to the family of the member concerned. The bye-laws contain provisions for nomination.

4. Bye-laws 19 to 22 which are relevant for our purpose read as under :

“19. Every member may be declaration attested by two witnesses nominate a person or persons to whom his share or interest, shall be paid or transferred on his death. A nominee may be changed by filing a fresh declaration with the Secretary. In the absence of any nomination the amount of his share or interest shall be paid or transferred to























































































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