Law: Cooperative Societies Act, 1925

Section: 11

Law: Cooperative Societies Act, 1925

Section: 11

(a) Transfer of Property Act (IV of 1882)-------S. 54---Sale agreement---Evidentiary value---Such agreement would not confer any title. (b) Punjab Undesirable Cooperative Societies (Dissolution) Act (I of 1993)--- ----S. 7---Registration Act (XVI of 1908), S.60---Registered sale-deed in favour of defunct Corporation---Petitioner's claim as real owner of land purchased through sale-deed supported by ex-Manager of defunct Corporation---Validity---Manager of the defunct Society had subsequently joined hands with fraudulent persons to grab property of defunct Corporation---Such oral assertion of petitioner supported by the Manager in absence of documentary evidence, could not be given any importance over registered document---Petitioner's claim was rejected in circumstances. Iqbal Haider and 3 others v. P.C.B.L. through Chairman and 14 others 2006 YLR 910 and Kh. Zia Ullah and 5 others v. P.C.B.L. through Chairman and 3 others 2006 YLR 924 ref. Malik Abdul Wahid and Dr. Syed Sarshar Hussain for Petitioner. Muhammad Ilyas Khan for Respondents Nos.1 and 2. ORDER IJAZ AHMAD CHAUDHRY, J.---Through this petition under section 11 of the Undesirable Cooperative Societies Act, the petitioner has challenged the order, dated 28-9-2007 passed by the Chairman, P.C.B.L. through which the claim of the petitioner has been rejected. 2. The brief facts of the case are that the land measuring 122 Kanals, 18 Marlas situated in village Ghannian Tehsil Kamoki District Gujranwala had been purchased by the petitioner for a consideration of Rs.70,00,000 through an agreement to sell dated 13-11-1990 from Muhammad Yousaf etc. and Rs.40,00,000 were paid in advance by the petitioner to the vendors mentioned in the agreement to sell while Rs.30,00,000 were to be paid by the petitioner to the vendors at the time of execution of registered sale-deed. It is submitted that the last date for execution of registered sale-deed was fixed as 13-3-1991 and a condition was also imposed in the said agreement that possession of the same was being handed over to the petitioner, who could get the sale-deed executed in his own name or in the name of any other person to whom he liked. The petitioner had been…

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