( 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