Dr. Manu Gouraha vs The Chief Estate Officer
2021 Latest Caselaw 2529 Chatt

       HIGH COURT OF CHHATTISGARH, BILASPUR
                              Order Sheet
                           WA No. 290 of 2021
      Dr. Manu Gouraha Versus The Chief Estate Officer & others




23/09/2021         Shri Faisal Akhtar, Advocate for the appellant.

                   Shri    Arjit   Tiwari,    Panel    Lawyer   for   the
             State/respondents.

Heard on admission and on I.A. No.1/2021, an application for grant of interim stay/relief.

Learned counsel for the appellant submits that his father Late. Shir N.K. Gauraha purchased a house bearing HIG No.128 at Dangania, Raipur (C.G.) from Housing Board under a lease purchase agreement in which appellant's name was mentioned as nominee to whom the property would be transferred after death of the lessee. It is further argued that after death of N.K. Gouraha, the Housing Board is proceeding to mutate the name of appellant as well as the private respondent, whereas in view of law laid down by the Hon'ble Supreme Court in the matter of Indrani Wahi Vs Registrar of Cooperative Societies and Others 2016 Volume 6 SCC 440, the mutation ought to be made in the name of nominee. It is also argued that earlier Housing Board stayed the proceedings till the matter is decided by the Civil Court but now, despite the suit filed by the private respondent being pending, mutation has been directed. It is also argued that reference to the judgment in the matter of Smt. Sarbati Devi & another Vs Smt. Usha Devi 1984 Volume 1 SCC 424 may not be appropriate as the same relates to right of successors of the deceased policy holder and it was not a case of lease agreement.

Issue notice to the respondents on payment of process fee as per rules on admission and on I.A. No.1/2021.

Notices be made returnable within eight weeks.

In the meanwhile, status quo in all respect relating to the subject property and the records thereof be maintained by the respondent Housing Board till the next date of hearing.

                       SD/-                               SD/-

             (Prashant Kumar Mishra)                (Rajani Dubey)
                Acting Chief Justice                     Judge




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