( 1 ) A co-operative housing society, now known as Prabhat colony Co-operative Housing Society, situated at Vaghodia Road, Vadodara, was promoted by one Shri Jaywantrao Ramchandra Chauhan. One Shri Prabhakar bapurao Fansalkar joined the said society by entering into an agreement on 25-8-1966 with the said society. The said society was represented in the agreement by its promoter Shri Chauhan. That agreement provided that as and when the housing colony is developed, this Shri Fansalkar will be put in possession of plot No. 2 in a category that was described as "b" type. The construction of the housing complex was to be done by the society. The cost of the constructed plot was estimated at rs. 12,551/-out of which 40% was to be paid at the time of signing of the agreement. That 40% amount was worked out at Rs. 5,272. 00 which was paid by Shri Fansalkar at the time of signing of the agreement.

( 2 ) IT appears that subsequently there were controversies amongst the members of the society with respect to the escalation of the cost etc. The above referred Shri fansalkar was removed from his membership for alleged breaches on his part by invoking Sec. 36 of the Gujarat Co