A. P. SRIVASTAVA, J.

( 1 ) THESE two petitions are connected with each other and can, therefore, be disposed of together. A co-operative housing society, known as the Co-operative Housing Society Limited, Bindbasni nagar, Bank Road, Gorakhpur, was registered in 1946 with the purpose of acquiring land and allotting plots out of it to its various members for building houses. Land was acquired in pursuance of the scheme and divided into plots. A blue print was prepared with the approval of the Town Planner and plots according to that blue print were allotted to the various members. According to that blue print a plot situated in between plots Nos. 28 and 29b was to be converted into a park. When allotments were made in accordance with the blue print and the scheme then prepared plot No. 42 was allotted to Sri Shiv Shanker Lal Srivastava, the husband of the petitioner. Plot No. 40, which was adjacent to plot No. 42, was allotted to Sri H. C. Mukherji respondent No. 4 of petition No. 362 of 1962, and plot No. 28c was allotted to Sri mahendra Misra, respondent No. 4 of petition No. 359 of 1962. All this was done in 1957. Subsequently the managing committee of the society by a resolution

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