Law: Pakistan Defence Officers Housing Authority Order (7 of 1980)

Section: 17(h)(i) & 18(1)

Pakistan Defense Officers Housing Authority Order (7 of 1980)--- ----Arts. 17(h)(i) & 18(1)---Bye-laws of Pakistan Defence Officers Cooperative Housing Society Limited, Karachi, Cl. 54(q)---Suit for declaration and injunction---Cancellation of plot---Executive Board of Housing Authority, powers of---Grievance of plaintiff was that plot allotted to him was wrongly cancelled by the Authority---Validity---Only the Managing Committee of the Society or Executive Board of Pakistan Defence Officers Housing Authority was competent under Bye-laws of the society to allot or cancel allotment of plots of land---Even Executive Board could not cancel allotment of a plot which was made by Managing Committee by a resolution which was not in contravention of Bye-Laws of the society---Role of Managing Committee of society while cancelling allotment of plaintiff's plot was nowhere defined either in written statement or in affidavit in evidence or in cross-examination of defendant's witness---Defendant failed to produce Minutes Book of the meetings of Managing Committee and resolution passed therein for cancellation of suit plot of the Pakistan Defence Officers Cooperative Housing Society for the year 1973, in order to establish that meeting of Managing Committee of the society was legally convened under Bye-laws of the society in which allotment of plaintiff in respect of suit plot was allegedly cancelled---No evidence was available on record that prior to the alleged cancellation of suit plot, a show cause notice was issued to plaintiff by defendant or an opportunity was afforded to plaintiff of being heard---High Court directed the Authority to hand over suit plot to plaintiff and/or duly constituted attorney of plaintiff and execute 'A' lease and all subsequent documents in accordance with the Bye-laws, in favour of plaintiff or his attorney after recovering dues in respect of suit plot from the plaintiff---Suit was decreed accordingly. Mustafa Lakhani v. Pakistan Defence Officers Housing Authority, Karachi 2008 SCMR 611; Mrs. Rosh Nak Nawab v. The Administrator Abandoned Properties Organization and 2 others 1989 CLC 800 and ANZ Grindlays Bank Limited v. Saadi Cement…

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