1. The plaintiff instituted this suit, on 26th May, 2004, for specific performance of an agreement of sale of plot no.50, Road No.78 ad measuring 1733 sq. mtrs., East Punjabi Bagh, New Delhi and in the alternative to recover damages for breach of contract in the sum of Rs.4.50 crores, pleading (i) that the defendant no.1, on 14th June, 1950 was registered in the name of Refugee Cooperative Housing Society Ltd. under the provisions of the Bombay Act VII of 1925 as then extended to Delhi; (ii) that at the time of registration of the defendant no.1, very few people were enrolled as its members and majority of the present members of the defendant no.1 were enrolled subsequently; (iii) that the bye-laws adopted by the defendant no.1 under the Delhi Co-operative Societies Act, 1972 are contrary to the bye-laws framed at the time of registration of defendant no.1 and are not applicable to the defendant no.1 which was formed in 1950 and thus the bye-laws adopted by defendant no.1 under the Delhi Co-operative Societies Act are not enforceable; (iv) that however the bye-laws adopted by the defendant no.1 in the year 1950 are not available to the plaintiff and must be available with