Law:

Section:

MUHAMMAD SAJID MEHMOOD SETHI, J.: This consolidated judgment shall dispose of instant writ petition along with following connected writ petition as common questions of law and facts are involved in these cases: 1. W. P. No.2986 of 2014. Farzana Chaudhry. v. Canal View Cooperative Housing Society Ltd., Lahore, etc. 2. Brief facts, as stated in the writ petition, are that petitioner became member of Canal View Cooperative Housing Society (hereinafter "Society") / respondent No.4 in the year 1984, against transfer of plot No.929. There was also excess area measuring 13- Marlas along with plot No.929. Society also handed over vacant possession of excess area falling in said plot. Society moved an application under Section 54 of the Cooperative Societies Act, 1925 (hereinafter "CSA") before the District Officer Cooperatives / Deputy Registrar, Lahore, against petitioner to get possession of above said excess area which was disposed of vide order dated 26.10.2007, the operative part of which reads as under:- "Argument heard, record perused. This fact is crystal clear that the actual land of plot No.929 duly transferred to the Respondent exist 5895 Sqft. And fall under one Kanal category. The extended land occupied by the Respondent is not the real ownership of the Respondent nor the Respondent showed any entitlement or documentary proof in her favour. While the revenue record and the report of the Assistant Registrar supports the ownership of the petitioner Society. It has been proved through the record and the evidence available enough that the Respondent has encroached the land adjacent to her plot illegally and without authority. The Respondent is directed to vacate the possession of the said land in question in addition to the area actually transferred in her favour or she shall pay the cost of extra land according to decision taken in the meeting held on June 2005. Petition is disposed of accordingly." In pursuance of the said order, petitioner claims to have moved applications and kept on visiting the office bearers of the Society, with the request of issuance of Challan for deposit of the cost of excess area, but there was inaction on their part. Petitioner…

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