Law:

Section:

THIS JUDGMENT PASSED BY: ARSHAD HUSSAIN KHAN, JUSTICE:---.--- The present suit was filed by the Plaintiffs against the Defendants for Declaration and Permanent Injunction with the following prayers: (i) Declaration that the plaintiff society is the lawful owner of amenity plot No.19, situated in Blocks 7 and 8, admeasuring 3040 Square yards in Darul Aman Cooperative Housing Society Limited, Karachi, and is entitled to use it for the benefit of its members. (ii) Declaration that the union was not competent to allot the said plot to Mohammad Ashfaq or to any other person or to deal with the same in any manner prejudicial to the interest of the society. (iii) Declaration that the allotment of the aforesaid amenity plot to Mohammad Ashfaq is illegal and void and for a direction that the Union and Mohammad Ashfaq should restore possession of the plot to the society and also refrain from using the same. (iv) Cost of the suit and any other relief which this Hon'ble court may deem fit and proper in the circumstances of the case. 2. The case of the plaintiffs as averred in the plaint is that the Plaintiffs are members of the Darul Aman Cooperative Housing Society Limited (defendant No.5) and are owners of their respective plots allotted by the said Society. On 15.09.1958 an amenity plot bearing No.19. situated in Blocks 7 and 8 of the aforesaid Society admeasuring 3040 square yards (subject plot) was allotted to defendant No.5 by Karachi Cooperative Housing Society Union Limited (defendant No.2), however, when the Society, after due approval of building plan, started raising construction on the subject plot, one Mohammad Ashfaq (defendant No.4) intervened and demolished the construction, took away the goods/construction material of defendant No.5 lying on the subject plot and also forcibly occupied it. Subsequently, it transpired that the suit plot was unlawfully re-allotted by defendant No.2 to defendant No.4. It is also averred that in the year 1977 by virtue of promulgation of Martial Law Order No.34 all amenity plots including allotment of the subject plot in favour of defendant No.4 were cancelled. The detailed report in respect of cancellation was sent to Martial…