Sanjay Kishan Kaul, J.

1. The Nav Nirman Cooperative Group Housing Society Ltd.(`the Society' for short), a registered society and now governed by the provisions of Delhi Cooperative Societies Act, 2003 was allotted 4.4 acres of land being Plot No. 7, I.P.Extension for construction of residential flats for its membe Rs. The Society has 264 members and flats were constructed for the membe Rs. There were only 118 covered car garages available against those flats. Applications were invited from the members on 26.06.1990 estimating the cost of each garage at Rs. 30,000/-. In view of there being less garages than the applicants, a draw of lots was held on 24.02.1991 and the successful persons were allotted garages. Soon thereafter, one of the members surrendered a car garage which was allotted to the first member on the waiting list since the waiting list was maintained of the members who had not been allotted garages.

2. Flats allotted by DDA and by societies in Delhi were sold on a power of attorney basis in large numbe Rs. This modus was adopted on account of there being restriction on transfer of such flats (or plots) and thus agreement to sell, GPA, SPA, Will etc. were a set of docum