2021 CLC 782 LAHORE-HIGH-COURT-LAHORE

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Malik KHALIL AHMAD VS PCBL Ss.7, 11 & 16 ---Powers of a Cooperatives Board ---Application to Cooperatives Judge---Recovery of arrears of land lease / rent---Scope--- Question before High Court was whether Cooperatives Judge, under Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 had jurisdiction to adjudicate upon a suit for recovery of arrears of land lease / rent money---Held, that under S.7(ta) of Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993, Cooperatives Judge had power to direct eviction of tenant, therefore powers of recovery of arrears of rent being an ancillary matter would also vest in such judicial officer---Under Ss. 7(g) & 7(h) of said Act, Cooperatives Judge also had powers to recall or recover loans, and since suit property was given against lease money, and such amount could be termed as loan, therefore Cooperatives Judge could validly adjudicate upon recovery of such lease money---Per S.16 of Punjab Undesirable Cooperative Societies (Dissolution) Act, 1993 proceedings regarding cooperative matters could only be agitated under said Act, and jurisdiction of other courts, including civil courts was barred---Cooperatives Judge therefore validly exercised jurisdiction in the matter ---Cooperative petition was dismissed, in circumstances.