Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan---

----Art.199---Constitutional petition---Collateral proceeding, rule of---Applicability---Suppression of facts---Petitioner assailed award issued by Registrar Cooperative Societies in favour of respondent regarding property in question---Validity---Award was subsequent in time in which petitioner was not made party, though it was observed in the award itself that notices were issued to petitioner being a necessary party, but she never came forward---Civil court had plenary jurisdiction to decide matters and and decree passed in civil suit was not nullity in the eyes of law for the reason that it decided the matter on the basis of documentary evidence---Consequence and effect of and decree could not be directly or indirectly diluted in subsequent proceedings before Registrar under Cooperative Societies Act, 1925, especially when two registered instruments, i.e. lease deed and conveyance deed were also available in record in favour of first allotee---Rule of collateral proceeding was applicable to the case of petitioner who impleaded responded in her litigation, whereas respondent did not implead petitioner in subsequent proceedings before Registrar---Such subsequent proceeding before Registrar were tainted with mala fide and consequently award could not override a Civil Court decree---High Court set aside award passed by Registrar Cooperative Societies and writ of possession issued by him was quashed---Constitutional petition was allowed accordingly.

Abdul Haq v. Thakumal and 4 others 2017 YLR 1816 rel.

Mubarak Hussain Siddiqui and another v. Sajjad Hussain Khan and another PLD 1992 Kar. 167; Zia-ur-Rehman Alvi v. Messrs Allahabad Cooperative Housing Society Limited and 2 others PLD 1995 Kar. 399; Shahul Hamid v. Tahir Ali 1980 SCMR 596; Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner and others PLD 1973 SC 236 and Sh. Manzoor Ahmad and others v. Mst. Iqbal Begum and others 1989 SCMR 949 distinguished.

JUDGMENT

MUHAMMAD FAISAL KAMAL ALAM, J.---Petitioner is claiming, inter alia, ownership right in respect of a built-up Property, R-123, Block R, measuring 120 Square Yards, situated in Sector No.38-E, Scheme No.33, Rizwan Co-operative Housing Society, Karachi, which for the sake of reference be referred to as the Subject Property.

2. It is stated in the Petition that initially above was the open Plot, alloted and subsequently leased out by Responding No.2 - Rizwan Co-operative Housing Society to one Muhammad Hassan, who sold the same to Mrs. Raunaq Ara Afridi through his Attorney Syed Sultan Ali, by way of a registered Conveyance Deed dated 04.09.1997.

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492