JUDGMENT : Biswanath Somadder, J. 1 Let the affidavit of service filed in Court today be taken on record. 2. By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay. 3. The instant appeal arises out of a judgment and order dated 7th August, 2018, passed by a learned Single Judge in W. P. 26658 (W) of 2016 with CAN 5539 of 2018 (Dr. Sudipta Lodh [Shome] vs. Registrar of Co-operative Societies & Ors.). 4. By the said order, the learned Single Judge, while allowing the application, being CAN 5539 of 2018, which was filed by the writ petitioner seeking amendment of the writ petition in order to suggest that the writ petitioner's father had not died intestate but had left a Will and the writ petitioner had applied for a probate in respect of the said Will, proceeded to dispose of the writ petition as follows:- "In the facts of the case, the following order of this Court would serve the interest of all parties concerned including the two other sisters claiming rights in the Society. The writ petitioner shall continue to occupy and enjoy all benefits of the membership upon payment of current and arrear dues of the Society. The petitioner may make whatever changes, alterations and/or additions in the flat under her occupation. Each and everyone of the above actions shall abide by the result of the pending civil suits, the probate proceedings and the final order of the Registrar in the proceedings before him. The Society shall also accept all dues, past and present, without prejudice to their rights and contentions in law." 5. The instant appeal has been preferred by the writ petitioner. 6. According to the learned advocate for the appellant, under the applicable statutory provision, his client Dr. Sudipta Lodh (Shome), being the nominee of her late father ought to have been admitted as a member of the concerned cooperative society in place and stead of her deceased father. The instant appeal has been preferred by the writ petitioner. 6. According to the learned advocate for the appellant, under the applicable statutory provision, his client Dr. Sudipta Lodh (Shome), being the nominee of her late father ought to have been admitted as a member of the concerned cooperative society in place and stead of her deceased father. In this context, the learned advocate for the appellant refers to Rule 117 of West Bengal Co-operative Societies Rules, 2011 and sections 70 and 76 of West Bengal Co-operative Societies Act, 2006, which read as follows:- "Rule 117:- Nomination of transferee (1) A member of a co-operative society may in accordance with the provision of section 76 nominate in writing any person belonging to his family to whom the share or interest or the value of such share or interest shall, on his death, be paid or transferred under the provision of the Act. Nomination shall be made in Form XXVIIIB: Provided that if a member has no family he may nominate any person to whom such share or interest or the value of such share or interest shall be paid or transferred : Provided further that such member may, from time to time, revoke such nomination and make a fresh nomination. (2) Every co-operative society shall keep a register of all persons so nominated. (3) In case the nominee of a member dies, the member shall report the death of such nominee to the society and make a fresh nomination if he so desires. Explanation. For the purpose of this rule a family shall have the same meaning as given in the Explanation to sub-section (3) of section 16 and shall include major sons and daughters irrespective of marital status. Section 70:- Disposal of deceased member's share or interest. Explanation. For the purpose of this rule a family shall have the same meaning as given in the Explanation to sub-section (3) of section 16 and shall include major sons and daughters irrespective of marital status. Section 70:- Disposal of deceased member's share or interest. (1) On the death of a person who is a member of Co-operative society, his share or interest in the Co-operative society shall, subject to the provisions of section 58 and 72 and to the further provisions of this section, be transferred (a) to the nominee, if any; made under section 76; or (b) if there is no nominee or if the existence or residence of the nominee cannot be ascertained by the board or if the nominee does not claim possession of such share or interest or if for any other reason, the transfer cannot be made within one year from the date of death, to the person who (subject to the production by such person of probate, letter of administration or succession certificate issued by a competent court having jurisdiction) appears to the board to be entitled to the possession of such share and interest as per of the estate of the deceased member; or (c) on the application of the person referred to in clause (b), within one year from the date of death of the member to such person as may be specified in the application. (2) If the share or interest of a deceased member cannot be transferred in accordance with the provision of sub-section (1) or if the person to whom such share or interest is payable under that sub-section claims payment of the value of such share of interest or if the Co-operative society in accordance with its by-laws decide to proceed under this sub-section (a) the share shall be transferred to a person qualified to be a transferee of the share under section 72 on receipt of the value of the share from such person; and (b) the value of the share or the interest of the deceased member determined in accordance with its by-laws shall be paid to the person nominated under section 76 or to the person referred to clause (b) of sub-section (1) of this section after deducting the amount payable under this Act to the Co-operative society from the estate of the deceased member. Section 76:- Nomination by member. Section 76:- Nomination by member. Subject to the by-laws of a Co-operative society, any member of such Co-operative society may in accordance with the rules nominate a person in whose favour the Co-operative society shall dispose of the share or interest of such member on his death." 7. The appellant has relied upon a judgment reported in (2016) 6 SCC 440 . On considering the same, we find that the said judgment has been rendered with regard to the provisions of West Bengal Co-operative Societies Act, 1983 and the Rules framed thereunder which were replaced by the 2006 Act and 2011 Rules. The provisions of the two Acts and the two Rules are not verbatim but in substance the same and as such, the ratio laid down therein can be applied to the facts of the instant case. 8. After going through the relevant provisions of law and the judgment relied upon, we find that the co-operative society is liable to transfer the share or interest of a member in the name of the nominee, provided there is a valid nomination. 9. The learned Single Judge, in the instant case, has taken notice of the fact that the writ petitioner is in occupation of the flat and enjoying all its benefits. The learned Single Judge had made it clear that the writ petitioner shall continue to occupy and enjoy all such benefits of the membership upon payment of current and arrear dues of the society. The writ petitioner has also been allowed to make whatever changes, alterations and/or additions in respect of the flat under her occupation. Each and every of such action shall abide by the result of the pending civil suits, the probate proceedings and the final order of the Registrar in the proceedings before him. The learned Single has also directed the concerned co-operative society to accept all dues, past and present, without prejudice to their rights and contentions in law. The learned Single Judge, however, has not formally directed the society to transfer the share or interest of the deceased member in the name of the nominee. 10. In the light of the above discussion, we do not notice any palpable infirmity or perversity of reasoning in the impugned judgment and order which warrants any interference in an Intra-Court Mandamus Appeal. 10. In the light of the above discussion, we do not notice any palpable infirmity or perversity of reasoning in the impugned judgment and order which warrants any interference in an Intra-Court Mandamus Appeal. We, however, make it clear that the concerned co-operative society shall transfer the share or interest of the deceased member in the name of the nominee after scrutinising all documents including the validity as to nomination. We, however, make it clear that the role of a nominee is essentially that of a trustee and has no relevance to the issue of title between the inheritors or successors to the property of the deceased. The nominee shall hold on to the flat-in-question subject to the condition that she will not in any manner whatsoever part with, encumber, alienate and/or create any third party right and/or interest in respect of the flat in-question till the issue with regard to right, title and interest in respect of the flat-in-question is decided by a competent forum. However, the nominee shall have the right to carry out such repairs as to keep the flat in good habitable condition, air and water tight. 11. The appeal and the application for stay stand disposed of accordingly. 12. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties. Arindam Mukherjee, J.- I agree.