Model Form of Special Leave Petition
In the Supreme Court of India Civil Appellate Jurisdiction
Special Leave Petition (Civil) No	of 1999
(From the Judgment and Final Order dated 	 passed by the hostage Calcutta High Court consisting of the hostage Mr. Justice	and the hostage Mr. Justice_______in FMA No	of 1999).
In the matter of Sri	son of		Petitioner
versus
Co-operative Housing Society Ltd. and Ors.	Respondents
Office Report on Limitation The above-mentioned matter is in time/time barred.
Dated		Section Officer
Synopsis
AB, owner of a rent-free land at	 (hereinafter referred to as the
vendor), entered into an agreement with the CD Housing Society Ltd. for sale thereof on which land the Society intended to construct apartment building. An Indenture was entered into between the said owner and the Society. The price was fixed and Earnest Money was paid by way of part payment of the total price.

Clause 5 of the said agreement provided that the Society will construct multistoried building on the said land and the vendor will have the right to purchase 8 flats in the said building in the name of himself or his nominees each flat containing a floor-area of not less than 1200 sq. ft. The purchase price will be at the same rate as might be payable by other purchasers of similar flat in the said building. The society shall not sell those 8 flats without first offering to the vendor by giving at least sixty days' notice in writing. On failure of the vendor to signify his willingness to purchase within the said period of sixty days the Society will be entitled to dispose of the flat to any other person.

By a letter the Society informed the vendor that the vendor's application for membership was accepted and a three be droomed flat No. 2 has been allotted to him at Rs	 and for a garage space another
Rs	In default of making payment on due dates, the allotment of the flat would be liable to be cancelled, and that the right of the vendor in the Society will be governed by West Bengal Co-operative Societies Act, Rules and its Bye-laws.
The Society issued two Share Certificates for Rs. 100 each in favour of the vendor and flat No. 2 in the said building allotted to him and demanded payment of the consideration money. The vendor had paid a lump sum amount against six flats out of eight flats and intimated that the balance amount would be paid within two months.

The vendor surrendered two flats out of the three allotted to him in the first instance and requested the Society to adjust the amount paid on account of those two flats against the flats booked by his two daughters. The shortfall would be paid within a specified date.

Due to certain litigations involving the Society the hostage High Court at Calcutta appointed Special Officer in which the vendor was not a party.

The vendor being the allottee of flat No. 2 and the two Share Certificates of the Society died. During his lifetime the Society did not make any demand in regard to any liability of the vendor in respect of the said flat No. 2. The vendor's son wrote to the Special Officer that he was taking steps under the West Bengal Co-operative Societies Act to get his father's flat and two shares of the Society transferred to one of the heirs of the vendor.

The Special Officer replied that the claim for transfer of interest was not made within the stipulated period and as such the flat had been allotted to somebody else.

Vendor's son filed a case under sections 95 and 96 of the West Bengal Co-operative Societies Act 1983 before the Registrar of Co-operative Societies praying for possession of flat No. 2, a declaration as null and void the allotment made by Special Officer and for other reliefs.

The son also filed a writ petition under Art. 226 of the Constitution of India praying for a writ of mandamus commanding the Special Officer to cancel the allotment of flat No. 2, delivery of possession of fiat No. 2 to the petitioner and for other reliefs. The son stated in the writ petition that he was ready and willing to pay the balance amount, if any, in respect of the said flat.

Ultimately the matter came before the Division Bench which gave directions in respect of other flats and in respect of the flat No. 2 the Division Bench did decide the issue but observed that this was the subject-matter of a pending writ petition.

The said writ petition was disposed of by a Single Judge directing the transfer of flat No. 2 to the writ petitioner, the son of the vendor, on payment of arrears. Against this order of the Single Judge the Society preferred an appeal. This appeal was heard and disposed of by the Division Bench which allowed the appeal and held against the son, the writ-petitioner.

Being aggrieved by and dissatisfied with the Judgement and order passed by the hostage Division Bench of the hostage High Court at Calcutta on 	 in First Miscellaneous Appeal No	 of	 your petitioner begs to move the instant Special Leave Petition.
In the High Court at Calcutta Appellate/Revisional Civil Jurisdiction
Present:
The hostage Mr. Justice	
And
The hostage Mr. Justice	
FMANo	of 1999
Co-operative Housing Society Ltd.
versus The son and others
For Appellant/Petitioner
For Respondent/Opposite Party
Heard on	
Judgment on	
	,