2. The brief facts of the case, as admitted by both the parties, are that one Mr. L.C. Gupta was the member of Preet Nagar Cooperative House Building Society Ltd. vide Membership No.81, he was allotted plot No.124, Preet Vihar, New Delhi. While continuing to be a member of the aforesaid society, Mr. L.C. Gupta also became a member of the society vide membership No.133 with effect from 14th December, 1965 and he continued to be a member till 30th April, 1978. In the meanwhile, Mr. L.C. Gupta and his nephew, respondent No.4 approached the society with a request to transfer his membership in favour of the respondent No.4. Alongwith the request, he and respondent No.4 filed affidavits to the effect that they did not own any other plot or house in Delhi either in their names or in the names of their spouses and dependent children. Accordingly, the respondent society transferred the membership of Mr.L.C. Gupta in the name of his nephew, i.e. respondent No.4 which was also approved by the RCS and respondent No.3/DDA. As a result, respondent No.4 was allotted plot No.B-31, Ashoka Niketan, Delhi, measuring 166.66 sq.yards in a draw of lots held on 25th May, 1999. This was followed by execution of a perpetual Sub-lease deed dated 26th November, 1999 in favour of respondent No.4. Subsequently, a vigilance enquiry was initiated and as a result of the said enquiry, it was revealed that Mr. L.C. Gupta was holding dual membership of two house building societies, as stated hereinabove. Consequently, the impugned letter dated 27th June, 2001 was addressed by the RCS to respondent No.3 pointing out the violation of Rule 28 of the Delhi Cooperative Societies Rules, 1973 (for short 'the Rules') which prohibits dual membership and revoking the clearance of membership in respect of the respondent No.4.
