( 1 ) THE petitioner No. 1 is the Co-operative Housing Society originally registered under the Bombay Co-operative Societies Act, 1925 and later on deemed to have been registered under the Gujarat Co-operative Societies Act, 1961 (which will be hereinafter referred to as "the Act" ). Petitioners Nos. 2 and 3 are the President and Secretary of the Society respectively. It is the case of the petitioner-Society that Members of the Society are allotted sub-plots from the land acquired by the society and they hold land as lessees from the Society. Respondent No. 2 - Ramanlal jeshingbhai Shah was admitted as a Member of the Society in 1954 on a transfer of shares by one Shri Trikamlal Maneklal and was allotted sub-plot No. 31. Respondents No. 2, subsequently applied to join Respondents No. 3, i. e. Kantaben ramanlal Shah as a joint holder of the plot and she was also admitted as a Member of the Society and thus sub-plot No. 31 was jointly allotted to Respondent Nos. 2 and 3. Respondents Nos. 2 and 3 did not construct any building on the said subplot. Respondent No. 2 sent a letter dated 23-1-79 to the Secretary of the society stating therein that he intends to sell the said plot No. 31 to Manubhai kalyanbhai Shahs Hindu Undivided Family of Ashwin Society, Ellis Bridge, ahmedabad. In the aforesaid letter dated 23-1-79 the respondent No. 2 also mentioned that the Managing Committee of the Society in its meeting held on 20-11-63 had resolved that a transfer fee of Rs. 3,000. 00 should be paid for getting a plot transferred in the name of the transferee and further that by Resolution dated 14-4-68 the transfer fee was increased to Rs. 5,000. 00 and on that basis he intended to transfer the aforesaid plot No. 31 to the H. U. F. of Manubhai Kalyanbhai Shah. He also enclosed a cheque of Rs. 5,000. 00 and share certificates for Membership shares no. 311 to 320 and requested that the same be transferred to the above referred h. U. F. Manubhai Kalyanbhai Shah - also sent a letter to the petitioner-Society written on the very same date, i. e. , 23-1-79 stating that he had decided to purchase plot no. 31 from Ramanlal Jeshingbhai Shah, who had agreed to sell the same to him and thus claimed Membership of the Society. The Secretary of the petitioner- society by his letter dated 3-2-79 informed the Respondent No. 2 that there had been no meeting of the Managing Committee on 20-11-63 as alleged by the respondent No. 2 in his letter dated 23-1-79 and further mentioned that according to bye-laws of the Society it was not possible to transfer the plot as requested by him and the cheque of Rs. 5,000. 00 and the 10 share certificates were returned. It was also stated by the petitioner-Society in the earlier correspondence, i. e. , through letter dated 22-2-78 that the respondent No. 2 was also informed that according to the existing bye-laws of the Society, the society was entitled to half premium, i. e. , 50 % of the profit realizable from the transfer of the said sub-plot and that in case of a transfer, which took place in 1973, the Society had received 50 % of the premium. Respondent No. 2 was further informed that ownership of the land vested in the Society and no Member can transfer the plot of his own, without obtaining permission of the Society in writing and that if he intends to transfer the said plot, the Society be informed accordingly and thereupon the Society would invite offers by advertisement and if any such offer is acceptable to the Managing committee, then alone the transfer is permitted. Despite that, the respondent No. 2 by his letter dated 28-3-79 informed the petitioner-Society that he had sold out the above sub-plot to the H. U. F. of Manubhai Kalyanbhai Shah on or about 15-3- 79 by a registered sale deed and requested to effect the transfer of the said subplot in the record of the Society in the name of the said H. U. F. The respondent no. 2 did not obtain the permission of the Society before effecting the said sale an