Law: Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993

Section: 7,11,16

Punjab Undesirable Cooperative Societies (Dissolution) Act (I of 1993)--- ----Ss.7, 11 16 ---Powers of a Cooperatives Board ---Application to Cooperatives Judge---Recovery of arrears of land lease / rent---Scope--- Question before High Court was whether Cooperatives Judge, under Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 had jurisdiction to adjudicate upon a suit for recovery of arrears of land lease / rent money---Held, that under S.7(ta) of Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993, Cooperatives Judge had power to direct eviction of tenant, therefore powers of recovery of arrears of rent being an ancillary matter would also vest in such judicial officer---Under Ss. 7(g) 7(h) of said Act, Cooperatives Judge also had powers to recall or recover loans, and since suit property was given against lease money, and such amount could be termed as loan, therefore Cooperatives Judge could validly adjudicate upon recovery of such lease money---Per S.16 of Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 proceedings regarding cooperative matters could only be agitated under said Act, and jurisdiction of other courts, including civil courts was barred---Cooperatives Judge therefore validly exercised jurisdiction in the matter ---Cooperative petition was dismissed, in circumstances. Blacks Law Dictionary (8th edition) rel. JUDGMENT ATIR MAHMOOD, JUSTICE.---- Brief facts of the case are that respondent No.1-PCBL (hereinafter called the respondent) filed a suit for recovery of Rs.7,69,133/- against the petitioner before the Judicial Officer, PCBL on the ground that land measuring 1564 kanals, details of which is given in para 1 of the suit, was leased out to the petitioner for Rs.66,48,300/- out of which a sum of Rs.56,03,500/- was paid by the petitioner leaving balance of Rs.10,44,800/-; that the competent authority granted rebate of Rs.3,12,292/- on account of loss to the crops of the petitioner as a result of construction of road over a part of the leased out land; that a sum of Rs.7,32,508/- was due against him; that notice was issued to the petitioner on 09.01.2013 but he did not respond to the same. 2. The…

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