SIKANDAR AHMED GHOURI vs Syed RAFAT ABBAS JAFFERI Ss — 2025 PLD 449 SUPREME-COURT

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SIKANDAR AHMED GHOURI VS Syed RAFAT ABBAS JAFFERI Ss. 42 & 54---Co-operative Societies Act (VII of 1925), S.54---Suit for declaration and injunction---Ownership right, determination of---Phrase "touching the business of the society"---Registrar, jurisdiction of---Dispute between the parties was with regard to ownership of suit property---Predecessor-in-interest of respondent filed suit which was decreed in his favour---Petitioner/defendant sought ex-parte award in his favour by invoking jurisdiction of Registrar Co-operative Societies---Award in favour of petitioner/defendant was set aside by High Court---Validity---Award made by Registrar was void, as dispute between parties was not "touching the business of the society" within the meaning of section 54 of Co-operative Societies Act, 1925---Registrar had no authority to determine title or ownership of disputed property when valid judgment passed by a competent Court of law was already in existence and no appeal had been preferred by petitioner/defendant---Requirement that dispute must be one "touching the business of the society" goes to the very root of the jurisdiction of Registrar or the arbitrators acting under section 54 of Co-operative Societies Act, 1925---Award by Registrar under Co-operative Societies Act, 1925 could not directly or indirectly adversely affect or overrule a civil Court's judgment and decree---Arbitration proceedings were initiated in a manner that contravened established legal principles, and award passed therein could not override a final judicial determination by a competent civil Court---High Court was justified in setting aside arbitration award and subsequent lease deed executed in favour of petitioner/defendant---Supreme Court declined to interfere in judgment passed by High Court which was well-reasoned and had considered all material aspects of the case---Petition for leave to appeal was dismissed and leave to appeal was refused.

SIKANDAR AHMED GHOURI vs Syed RAFAT ABBAS JAFFERI Ss — 2025 PLD 449 SUPREME-COURT

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