Law:

Section:

Punjab Undesirable Cooperative Societies (Dissolution) Act (I of 1993)--- ----Ss.7(c)( & 11---Registration Act (XVI of 1908), S.60(2)---Qanun-e-Shahadat (10 of 1984), Art. 17(2)(a)---Registered sale-deed executed on 26-6-1991 in favour of petitioner by Manager of defunct Corporation---Application in year 2004 for obtaining "NOC" from Punjab Cooperative Board of Liquidation for sanction of mutation on basis of such sale deed---Cancellation of such sale-deed by Board for being executed by incompetent person---Validity---When competency of executant was challenged, then onus would shift upon vendee to prove that sale-deed had been executed according to law---Nothing was available on record to show that such Manager was authorized through a resolution of Managing Committee of defendant Corporation to execute such sale deed on its behalf and receive amount---Nothing was on record to show that Managing Committee of Corporation through its resolution had approved such sale---Officers authorized by Managing Committee of Corporation to execute sale-deed on behalf of Corporation were neither empowered to delegate their powers nor had delegated their powers to such Manager---Statements of witnesses produced by petitioner regarding place and time of payment were contradictory to each other---Petitioner had not examined second marginal witness and Local Commission of such sale-deed---Petitioner had failed to prove that any deal had been struck with defunct Corporation; that such Manager was authorized to execute sale-deed; and that he had paid sale consideration---Such deal had been struck on 26-6-1991, when cooperative scam had already come on surface---Board or Cooperative Judge were the ultimate authorities to take cognizance of matters relating to defunct Societies, which were not finalized and still needed consideration---High Court dismissed petition in circumstances. PLD 2006 SC 676 rel. Habib Bank Ltd. Mubarak Alam Syed 1987 CLC 1914; 1971 SCMR 414 and 1989 MLD 4314 distinguished. ORDER IJAZ AHMAD CHAUDHRY, J.---This petition under section 11 of the Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 has been filed by the petitioner for the reversal…

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