Law: Punjab Undesirable Cooperative Societies (Dissolution) Ordinance, 1992

Section: 16

Punjab Undesirable Cooperative Societies (Dissolution) Ordinance, 1992-- ----S. 16--Abatement of suits--Ejectment petition--Liquidation board--Suit was filed against Punjab Cooperative Board for liquidated on basis of conceding statement--Decree holder could apply within 60 days of appointment of liquidator to cooperative judge for its confirmation--Question--Where decree was declared nullity by operation of law, entire superstructure would automatically collapse--No locusstandi much less cause of action to institute any proceedings for ejectment--Validity--Decree passed against societies or against property and assets thereof is dealt with if passed after first day of July, 1990 is a question which is squarely answered by Section 16 of Ordinance, 1992--Where a decree has become a nullity in eye of law by operation of law and decree-holder did not apply to competent forum for its confirmation, he is just a nonentity and thus cannot have a locus-standi or a cause of action to initiate any proceeding against tenants of such property--While dismissing petition directed Board to assess proper rental value of property in occupation of respondents and recover same from them with 25% increase after every three years from date of commencement of tenancy--If petitioners or his predecessor-in-interest has deposited any amount with Board, he shall be at liberty to seek its recovery under law before competent forum. ORDER Ejaz Afzal Khan, J.--This petition for leave to appeal has arisen out of the judgment dated 02.06.2015 of the Lahore High Court, Lahore whereby the learned Judge in its chambers allowed the petition filed by the respondents and set aside the orders of the fora below. 2. Learned ASC appearing on behalf of the petitioners contended that the property forming subject matter of dispute in this case was originally owned by RoopLal Mehta; that on his demise it devolved on his legal heirs, who transferred it to Ch.Manzoor Elahi but against an adjustment of loan to the tune of Rs. 7,00,000/- it was transferred in favour of NICFCL; that Ch. Manzoor Elahi in this view of the fact filed a civil suit against Punjab Cooperative Board for liquidation; that on the basis…

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