| Citation(s) |
|---|
| 1992 SLG 956 1992 SLD 956 1992 CLC 1643 |
Sindh High Court
C.M.A. No. 5585 of 1984 (in Suit No. 7 of 1984) decided of 25th August, 1989
AHMAD ALI U. QURESHI, J
Nisarally for Plaintiffs. Abdul Lateef A. Shakoor for Defendants No. 1 and 2. Zafar Hadi Shah for Defendant No. 3
C.M.A. No. 5585 of 1984 (in Suit No. 7 of 1984) decided of 25th August, 1989
AHMAD ALI U. QURESHI, J
Nisarally for Plaintiffs. Abdul Lateef A. Shakoor for Defendants No. 1 and 2. Zafar Hadi Shah for Defendant No. 3
Mst. LAILA BAI and others
VS
Mst. GUL BANG and others
Law:
Section:
Cooperative Societies Act (VII of 1925)--- ----S. 54---Dispute touching business of co-operative society---Effect---Every dispute that touches business of society would not be hit by provision of S.54, Cooperative Societies Act, 1925, unless such dispute had arisen between parties, described in cls. (a) to (e) of S.54 of the Act---Plaintiff having been claiming through a past member of Cooperative Society, Cl. (a) of S.54 would not be applicable. PLD 1960 Lah. 73, ref. ORDER It is conceded by the learned Advocates for the defendants, that notices have been served, therefore, they do not press for the rejection of plaint under section 70 of the Co-operative Housing Societies Act. Under section 54-A of the Cooperative Societies Act, 1925, plaint can be rejected only of any dispute touching business of society arises between the parties mentioned in clauses (a) to (e) of the said Section. It is contended by the Advocates for the defendants, that this case is covered by clause (a) of section 54 which concerns disputes arising between the society and members or past members of the society or persons claiming through a member or past member. Admittedly, in the instant case, the plaintiffs claim through Mst. Zaverbai, their mother, who was the original member of the Society. She died in 1955, and thereafter, her shares in the Society were transferred to her husband, Yoasuf Ali Hussain. It is contended by the learned Advocates for the defendants, that Mst.…
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