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Issues: (i) Whether, in proceedings under Sections 69 and 70 of the West Bengal Cooperative Societies Act, 1973, the authority could determine title to the flat on the basis of a nomination; (ii) whether a valid nominee was entitled to possession of the flat.
Issue (i): Whether, in proceedings under Sections 69 and 70 of the West Bengal Cooperative Societies Act, 1973, the authority could determine title to the flat on the basis of a nomination.
Analysis: The statutory inquiry under Section 69 is confined to determining whether the nomination is valid. That limited inquiry does not extend to adjudication of disputed title between rival claimants. A nomination may have consequences for delivery of possession under Section 70, but it does not, by itself, confer ownership or decide title to the property.
Conclusion: The question of title could not be decided in proceedings under Sections 69 and 70, and it was kept open for determination by the appropriate forum.
Issue (ii): Whether a valid nominee was entitled to possession of the flat.
Analysis: Once valid nomination was found in favour of the respondent, the statutory consequence under Section 70 was delivery of possession to the nominee. The existence of rival claims in respect of title did not displace that consequence within the limited framework of the Act.
Conclusion: The respondent, as valid nominee, was entitled to possession of the flat.
Final Conclusion: The appeal succeeded to the extent that the nominee's right to possession was affirmed, while the title dispute remained open for adjudication before the proper forum.
Ratio Decidendi: Under Sections 69 and 70 of the West Bengal Cooperative Societies Act, 1973, nomination supports delivery of possession to the nominee but does not operate as an adjudication of title to the property.
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