Professional Documents
Culture Documents
disclosures. Firstly, that she was not in good health. Secondly, that she was not in a position to
move to Calcutta from Bombay in the near future. Thirdly, that Sudha Mukherjee was already
residing in the flat in question along with Partha Mukherjee. Fourthly, that above nominee Sudha
Mukherjee was her close relative. In addition to the request of transfer of flat no. 5D in favour of
her nominee Sudha Mukherjee, Prachi Chowdhury also informed the Society through her letter
dated 29.6.1992, that all municipal taxes and service charges in connection with the above flat
should be collected from Sudha Mukherjee and clearly stated that the transfer of flat to Sudha
mukhrjee was without any monetary consideration.
5. The Board of Directors of the Society in their meeting held on 14.2.1993, resolved to accept
the resignation of Prachi Chowdhury, and to accept the membership of Sudha Mukherjee (in
place of Prachi Chowdhury), and to seek the approval of the Deputy Registrar, Co-operative
Societies for the transfer of flat no. 5D to the name of Sudha Mukherjee.
6. On 16.12.1994, 500 shares of Tata Chemicals Limited, 50 shares of Siemens, 500 shares of
Indian Aluminium and 100 shares of I.T.C. Hotels, standing in the joint names of Partha
Mukherjee and Sova Mukherjee (wife of Partha Mukherjee) were transferred to the name of
Prachi Chowdhury. According to the defendant Prachi Chowdhury, the above transfer of shares
was in lieu of loans extended by her to Partha Mukherjee. However, according to Sudha
Mukherjee, the transfer of the above shares, constituted consideration paid on her behalf (by her
son Partha Mukherjee) to Prachi Chowdhury in lieu of the transfer of flat no. 5D.
7. Prachi Chowdhury wrote a letter dated 28.2.1995 to the Secretary of the Society, that she had
not received any reply to her letter dated 29.6.1992. She also informed the Secretary of the
Society, that she had decided to return to Calcutta permanently. Accordingly, she informed the
Secretary of the Society, that her request for transfer of flat to Sudha Mukhrjee should be treated
as withdrawn. On the other hand, Sudha Mukhrjee filed a suit for declaring her title of ownership
over the disputed flat. The suit was decreed in her favour against which Prachi Chowdhury
prefer an appeal in the High Court.
Argue from both the sides.