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1991 Supreme(Del) 429

B.N.KIRPAL, D.K.JAIN
O. P. SETHI – Appellant
Versus
LIEUTENANT GOVERNOR DELHI – Respondent


Advocates Appeared:
Ajit Chadha, L.R.GOEL, Reva Khetrapal, S.C.GUPTA

D. K. Jain, J.

( 1 ) WE are of the considered view that Rule 25 (l) (c) is attractted in those cases where the properties are held benami. Having come to this conclusion, there seems to be little difficulty in holding that the said rule cannot apply in the cases where properties are acquired by transmission/devolution. We feel that Rules 25 and 35 of the said Rules have to be read in different contexts. The former takes care of the cases of acquisition of membership or its transfer and the latter the cases of transmission etc. The view, which we have taken, we feel, will give a harmonious construction to the provisions of the said Rules and bye-laws, referred to above. A contrary view, in our opinion, will not only make bye-law 9 redundant but may also lead to unreasonable and unamolous results. For example, member on being granted membership of a housing co-operative society constructs a house on the plot subleased in his favour. He registers his only heir as his nominee. During his life time the said heir also himself/herself acquires a residential house of a plot of land for construction of residential house. It will be extremely unreasonable if on the death of the member, the s


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