( 1 ) THIS petition under Article 226 of the Constitution of India raises only one question, namely, whether rule 25 or any of its sub-rules of the Delhi Cooperative Societies Rules, 1973, is ultravires the rule making power postulated by Section 97 of the Delhi Cooperative Societies Act, 1972.

( 2 ) THE facts material for the purposes of this case arc as stated hereafter.

( 3 ) PETITIONER No. 1, S. B. Lall, claims himself to be a member of petitioner No. 2, which is a housing society registered as a Co-operative Society under the relevant law. This Society was incorporated in 1950 having been registered under the Bombay Co-operative Societies Act, 1925, as applicable to the Union Territory of Delhi, on December 9, 1950. In the middle of 1951, the society acquired by purchase land in Mohammadpur Munirka, a revenue estate in the Union Territory of Delhi. A portion of the land acquired by petitioner No. 2 was notified tor acquisition under the Land Acquisition Act, 1894. The Notification under Section 4 of the said Act was issued in 1957. Petitioner No. 2 started litigation questioning the validity and tenability of the said acquisition. Inasmuch as this litigation was