Case Details

Citation(s)
1993 SLG 2097 1993 SLD 2097 = 1993 PLD 543

Suits Nos. 455 of 1985 and 950 of 1989, decided on 14th January, 1993.
Salahuddin Mirza, J

M/s. ASHRAFI ABBASI ASSOCIATES---Plaintiff

VERSUS

NEW TOWN COOPERATIVE HOUSING SOCIETY LIMITED and another--- Defendants

Law:

Section:

This suit was filed on 8th August 1985 on the basis of the following

 

2. Government of Sindh (defendant No.1) vide Notification No. S.O. (C-1) 16 (2)/84, dated 24th April 1985 directed Sindhi Cooperative Housing Authority, Karachi (defendant No.3)' to take over control of New Town Cooperative Housing Society and by another Notification of the same date defendant No.2 was appointed Enquiry Officer to conduct enquiry into the affairs of the said Society. The plaintiff-firm, which is a firm of developers and building contractors, had been enoged by the said Society but there were serious allegations of malpractices against the plaintiff-firm and the Society had issued show-cause notice dated 154-1985 to the plaintiff for cancelling the agreement of its engagement dated 6-12-1981. The plaintiff-firm replied it on 29-4-1985 ' and again furnished another reply (of which date is not disclosed) but defendant No.2 vide order dated 2-7-1985 withdrew the authority given to plaintiff-firm by the superseded Society to represent the Society before various Courts and to defend suits and criminal proceedings against the Society and on its behalf. Subsequently, by another order dated 29th July 1985, defendant No.2 informed the plaintiff-firm that it had ceased to be developers and ordered them to vacate the land of the Society. The plaintiff-firm claim that it has invested Rs.37,48,000 in the development of the land and it could not be thus thrown out. Hence, through this suit, the plaintiffs sought the following reliefs:--

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