Sultan Ahmed Hassan vs T & T Employees Cooperative Housing Society Ss — 2024 MLD 1897 ISLAMABAD

Case information

Citation: 2024 MLD 1897 ISLAMABAD
Court: Islamabad High Court
Year: 2024
Reporter: MLD
Parties: Sultan Ahmed Hassan vs T & T Employees Cooperative Housing Society Ss
Subject matter: Civil
Provisions referred to: S. 54; Co-operative Societies Act (VII of 1925); Co-operative Societies Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Sultan Ahmed Hassan VS T & T Employees Cooperative Housing Society Ss. 42 & 54---Co-operative Societies Act (VII of 1925), Ss.54 & 70---Co-operative Societies Rules, 1927, R. 33---Suit for declaration and injunction---Issue of cooperative society---Arbitration---Resolving of dispute---Two remedies, availing of---Appellants / plaintiffs being allottees of plots in respondent / society alleged that they had been dispossessed--- Respondent/ Registrar appointed his nominee to decide the issue through arbitration under S.54 of Co-operative Societies Act, 1925--- Trial Court dismissed the suit filed by appellants / plaintiffs--- Validity--- Nominee of Registrardirected respondent/ society to restore suit plots to appellants/ plaintiffs once all outstanding dues had been paid by them and in case same plots were not available then to adjust them with plots having same market value---Appellants/ plaintiffs had already exhausted their remedy under S.54 of Co-operative Societies Act, 1925, pursuant to which an order was delivered that had determined rights of partiesand the same had attained finality---High Court declined to interfere in judgment and decree passed by the Trial Court as appellants/ plaintiffs could not jump ship once again and continue to pursue the subject suit nor continue instant appeal which was a continuation of subject suit simply because theywere not happy with outcome of proceedings earlier instituted--- Appeal was dismissed, in circumstances.

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