JUDGMENT

Kesang Doma Bhutia, J. - Being aggrieved by the order of rejection of an application under Order 41 Rule 27 Civil Procedure Code by West Bengal Co-operative Tribunal in appeal No. 11 of 2020 on 07.10.2021, the petitioner has filed the present application under article 227 of the Constitution of India.

2. The dispute amongst the parties revolves around a ground floor flat no.2 of premises No. HB- 327, Sector-III, Salt Lake City, Kolkata-700106. The property is a part of addwitiya Co-operative Housing Society Limited. The respondent no. 2 Utpal Kumar Dutta is a member allottee of addwitiya Co-operative Housing Society in respect of the flat in dispute. Being the owner of the flat-in-question the respondent no.2 entered into an agreement of sale of the disputed flat with the petitioner Sri Bikash Mukherjee for Rs.11,50,000/- on 20.07.2002 and received a sum of Rs.1,75,000/- as an advance. Then respondent no. 2 made necessary prayer before the Co-operative Society for transfer of his membership and transfer of his two shares in the name of petitioner. The membership has been duly transferred in the name of petitioner but no shares as well the flat has been transferred by the soc