Syed MUHAMMAD KAZIM vs RUB RAZI CO-OPERATIVE HOUSING SOCIETY LIMITED S — 2024 YLR 1668 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 1668 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: Syed MUHAMMAD KAZIM vs RUB RAZI CO-OPERATIVE HOUSING SOCIETY LIMITED S
Subject matter: Civil
Provisions referred to: S. 73---S

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

Syed MUHAMMAD KAZIM VS RUB RAZI CO-OPERATIVE HOUSING SOCIETY LIMITED S. 73---Specific Relief act (I of 1877), Ss. 42, 12 & 54---Suit for declaration, specific performance of agreement, possession, permanent injunction, rendition of account and damages---Disputes of Co-operative Societies---Jurisdiction--- Scope--- Suit was tilted for declaration, specific performance, possession, rendition of accounts, mandatory and permanent injunction and damages of Rupees 40 million---Plaintiffs had paid amounts and/on failure of the promises they claimed the reliefs as prayed---Defendants were working under the business name of "Imran Town"--- However, Cooperative Housing Society Limited was found shown along with Wirsa Construction in the annexures present with the plaint---a person having paid the amounts is required to be treated as member of the cooperative housing society as it cannot be imagined that there can be any plot available for a non-member in a co-operative housing society, as such the plaintiff (irrespective of any shortcoming in the drafting of the plaint and the inclusion of the society as a defendant) was required to be treated as a member and entitled to the promises or in alternative damages whether against the defendants or the housing society which was subsequently impleaded therein---Plaint as such was found to be well within the definition of a dispute---Present matter was covered by Sindh Cooperative Housing Socities act, 2020 and was to be dealt accordingly---High Court directed that the present matter be sent to the concerned/Co-operative Court to be tried and decided in accordance with law.

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