( 1 ) THIS Rule is directed against the order of the West Bengal Co-operative Tribunal dated Dec. 21, 1976 reversing on appeal an award of the Co-operative Development Officer and Arbitrator-II dated June 18, 1976.

( 2 ) IT appears that there was a dispute between the petitioner and the opposite party No. 3 in respect of shares in the Surendranath Co-operative Housing Society Ltd. as also the right, title and interest in Suit No. 22 Unit No. 1, East Block of the Society.

( 3 ) THE petitioner who is the widow of late Tapan Kumar Mitra claimed, with her mother-in-law, the suite as the heirs and legal representatives of the deceased while his brother, the respondent No. 3 claimed the suite as also the shares of the deceased in the society on the basis of a nomination made in his favour by the deceased earlier under Section 69 of the West Bengal Co-operative Societies Act, 1973. The Arbitrator held that the heirs and legal representatives are entitled to the suite while the respondent No. 3 is entitled to the shares of the deceased in the Society. On appeal, the Co-operative Tribunal while confirming the decision on the shares held that the respondent No. 3 was