K. G. BALAKRISHNAN, J.

( 1 ) THIS is an appeal directed against the judgment of the learned single Judge in Special Civil Application No. 6226 of 1996. Original petitioners are the appellants. The first appellant is a Cooperative Society, registered under the Bombay Cooperative Societies Act, 1954 and the second appellant is its member and the President. The main object of the appellant Society is the construction of houses meant for residential purpose and the allotment of the same to its members. The second respondent herein, who is a Member of the Society, was allotted a house, and in 1985, he made an application for converting his residential house into a commercial building. That application was rejected on the ground that the commercial use was prohibited under the byelaws. In 1988, second respondent made an application for development by constructing a nine-storeyed building with 56 residential flats and the appellant-Society gave permission on condition that the flat should be allotted only to persons belonging to Parsi community. According to the appellants, no construction was started by the 2nd respondent. However, the appellants, apprehending that the 2nd respondent woul

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