Law: Illegal Dispossession Act, 2005

Section: 3

Law: Qanun-e-Shahadat (10 of 1984)

Section: 111,112

Law: Cooperative Societies Act, 1925

Section: 17B

Illegal Dispossession Act (XI of 2005)--- ----S. 3---Co-operative Societies Act (VII of 1925), S.17-B---Illegal dispossession---Order passed on application made under S.3 of Illegal Dispossession Act, 2005---Validity---Plot in the present case, which was the property of Sindh University Employees Co-operative Housing Society, was allotted to allottees and physical possession given to them---Said plot finally was sold by the allottees to the applicant---Counsel for the applicant had submitted that since both the applicants who were son and father, were out of the country and their plot was illegally possessed by respondent/Secretary of the Society---Validity---Section 17-B of the Co-operative Societies Act, 1925, restricted only membership, but not the transfer of the plot to a non-member since member of a Society seized to be a member after transfer` of his right/title in respect of plot etc. in the Society, the person acquiring the same interest was entitled to membership of the Society and its denial was illegal---Matter was remanded to the Sessions Judge concerned to decide the matter on merits, keeping in view the legal strength of the titles of the parties and law applicable. 1998 CLC 1576; PLD 2007 SC 423 and PLD 2008 Kar. 94 ref. THIS ORDER PASSED BY: MUNIB AHMED KHAN, J.--- The case was heard on 9-6-2008 and to clarify the factual position, direction was issued for appearance of the respondent on that very date and certain queries were also raised in respect to the entitlement as well, applicability of law in the matters of illegal dispossession as well as legal position of section 17-B of the Co-operative Societies Act. The respondent No.1 realizing the strength of his case, has now moved an application referring thereby some presumed remarks and has stated that the case be transferred to some other Bench of this Court. This application seems to be frivolous, as the same has apparently been made to forestall and delay the order, which may be passed in the matter as the applicant might have apprehended and realized the weakness of his case, as issues in the matter were discussed on 9-6-2008. Surprisingly the said application has not only been signed by…

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