Law: Societies Registration Act, 1860

Section: 1,20

Law: Specific Relief Act, 1877

Section: 12,42,54

Societies Registration Act (XXI of 1860)--- ----Ss.1 & 20---Specific Relief Act (I of 1877), Ss.12, 42 & 54--- Suit for specific performance of agreement to sell, declaration and injunction--- Power of court--- Aims and objects of society--- Plaintiff, a welfare association sought direction to authorities to allot plots to its members in new Sabzi Mandi--- Validity--- Civil Court could not pass discretionary decree of specific performance in favour of group of dubious / unidentified plaintiffs in respect of an unidentified immovable property on payment of an unidentified price/sale consideration against defendants who were neither owners nor authorized to sale any immovable property--- Aims and objects of plaintiff association appeared to be only an eyewash or an attempt to defraud statute namely Societies Registration Act, 1860--- For the last 20 years not a single Dispensary or Health Center was established by the plaintiff, therefore, plaintiff association even if it was formed for the 'purpose' described in S.20 of Societies Registration Act, 1860, had failed to take any step in furtherance of its aims and objects--- All other aims and objects of plaintiff were of general utility and did not construe to be an object for any of the 'purpose' for which S.20 of Societies Registration Act, 1860 had been enacted--- Suit was not filed to protect and/or promote aims and objects of plaintiff association--- Objects of association/society which were inconsistent with the provision of S.20 of Societies Registration Act, 1860, were inoperative and had no legal consequences---Plaintiff Association was not entitled to any relief and suit was not maintainable---Suit was dismissed in circumstances. Messrs MFMY Industries and others v. Federation of Pakistan and others 2015 SCMR 1550 ref. THIS JUDGMENT DELIVERED BY: NAZAR AKBAR, JUSTICE:---.--- Plaintiff had filed this suit for Declaration, Permanent Injunction and Specific Performance of unidentified contracts in which none of the defendants is a party. 2. Brief facts of the case are that the plaintiff claiming to be a Welfare Association comprising of just 46 members who allegedly worked as Mal Nigran at Old Subzi…

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