Law: Pakistan Defence Officers Housing Authority Order (7 of 1980)

Section: 17,17(h),17(i)

Law: Pakistan Defence Officers Housing Authority Order (7 of 1980)

Section: 17,17(h),17(i)

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIXr.1,2,S.94,151

(a) Pakistan Defence Officers Housing Authority Order (7 of 1980)-------Art. 17(h)---Pakistan Defence Officers' Cooperative Housing Society Bye Laws, 1972, Bye-laws Nos.7 & 8---Allotment of plot---Managing Committee, powers of---For grant of associate membership and allotment of plot, powers of Managing Committee were not restricted/ confined to Bye-law No.7 of Pakistan Defence Officers' Cooperative Housing Society Bye Laws, 1972---Under special circumstances and for special reasons, irrespective of limitations provided under Bye-law No.7 of Pakistan Defence Officers Cooperative Housing Society Bye Laws, 1972, such power could have been exercised by the Society in individual cases. (b) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Pakistan Defence Officers' Housing Authority Order (7 of 1980), Art.17(h)---Pakistan Defence Officers' Cooperative Housing Society Bye Laws, 1972, Bye-laws No. 7 & 8---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court Appeal---Allotment of plot---Special circumstances---Determination---Powers of Managing Committee---Scope---Suit plot was allotted to plaintiff in secret ballot and after deposit of due's in year, 1976, possession was handed over to him---Society, in the year 1990, cancelled the plot on the ground that plaintiff was not eligible for allotment---High Court decreed the suit in favour of plaintiff and set aside the cancellation order---Validity---No underhand practice, collusion or mala fide intention could be attributed to plaintiff---Full authority was conferred upon Managing Committee of the Society under bye-law No. 8 of Pakistan Defence Officers' Cooperative Housing Society Bye Laws, 1972, to accord membership to any individual in special circumstances and for special reasons, notwithstanding the limitations imposed by bye-law No.7 in such regard---Question whether there were special circumstances and special reasons for according membership to plaintiff and allotment of suit plot to him, were the matter of opinion/discretion with the Managing Committee of the Society---Such issue could not have been re-opened/re-examined/scrutinized by Managing Board of Society formed under Pakistan Defence…

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