Law:

Section:

Punjab Undesirable Cooperative Societies (Dissolution) Act, (I of 1993)--- ----S.11---Qanun-e-Shahadat (10 of 1984), Art.2(1)(b) & (c)---Oral evidence could not prevail over documentary evidence. JUDGMENT IJAZ AHMAD CHAUDHRY, J.---Through this petition under section 11 of the Undesirable Cooperative Societies (Dissolution) Act, 1993, Mian Shahbaz Ahmad petitioner has challenged the order dated 1-7-2002 rendered by the Chairman Punjab Cooperative Board, Lahore. 2. The facts giving rise to this petition are that Plots Nos.190-191, Abu Bakar Block, New Garden Town, Scheme, Lahore were owned by Lahore Improvement Trust, which transferred the said plots in favour of Mst. Ayesha Begum and possession was also delivered to her. Mst. Ayesha Begum sold the said plots to Mian Khurram Zahoor, Mian Shahzad-ud-Din and Mian Zaka-ud-Din vide Sale-deed dated 3-7-1974 and then said Khurram Zahoor etc. sold the said plots to Mst. Anwar Sultana wife of Muhammad Shafique Bhatti on 24-10-1974. She constructed a Bungalow on the said plots after getting site plan sanctioned from Lahore Development Authority. Mst. Anwar Sultana sold this property to Mst. Afshan Malik wife of Mian Shahbaz Ahmad petitioner on 25-4-1991. The sale-deed was registered on 27-4-1991, entered in the Book of Sub-Registrar, Lahore on 29-4-1991 and total consideration amount was settled at Rs.1,400,000 but according to the agreement between the parties only Rs.50,00,000 were shown as consideration in the sale-deed. Said sale-deed was executed by Ashfaq Ahmad General Attorney of Mst. Anwar Sultana and Rs.90,00,000 at the time of sale were paid to Mst. Anwar Sultana in cash and remaining amount of Rs. 50,00,000 was paid through Pay Order No. A (A)/F-649102 dated 27-4-1991, and the said number of the Pay Order has been mentioned by the Sub-Registrar at the time when the sale deed was presented before him. The said property had no concern with Pasban Cooperative Finance Corporation. Ashfaq Ahmad deposited the said Pay Order in his account, which was encashed and nothing was due from Mst. Afshan Malik. An application was moved by Ashfaq Ahmad, the said Attorney General to the PCBL and the Anti Corruption…

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