2020 YLR 2421 LAHORE-HIGH-COURT-LAHORE

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PCBL VS ZEENAT BIBI S.13---Punjab Undesirable Cooperative Societies (Dissolution) Act (I of 1993), Ss. 7, 16 & 17--- Cooperative petition---Maintainability--- Ejectment petition against Pakistan Development Cooperative Corporation Limited ("Cooperative Corporation")---Execution petition for recovery of arrears of rent from Cooperative Corporation---Auction of property of the Cooperative Corporation---Scope---Ejectment petition against Cooperative Corporation was moved wherein tenant appeared and moved application for rejection of said ejectment petition which was dismissed--- Cooperative Corporation thereafter disappeared from the ejectment proceedings and eviction petition was accepted ex parte and Cooperative Corporation was directed to pay arrears of rent to the ejectment petitioner---Landlady moved execution petition for recovery of arrears of rent against the Cooperative Corporation wherein auction of property of tenant was conducted and registered sale deed was issued---Contention of petitioner-Cooperative Board was that Rent Controller was not competent to execute its ejectment order unless same was confirmed by the Cooperative Judge and proceedings of auction and sale of property of Cooperative Corporation were illegal---Validity---Cooperative Board or its Chairman had no power to challenge any order, judgment or decree of any court even if passed without jurisdiction before Cooperative Judge---Right to approach Cooperative Judge had not been extended to the Cooperative Board rather such right had been bestowed upon the decree-holder or the beneficiary of the order passed by some other Court---Respondent being owner of demised premises filed ejectment petition which had been accepted with arrears of rent to be paid by the Cooperative Corporation and said order had been executed---Cooperative Corporation was tenant under the respondent who had not challenged the ownership of any of assets of the Cooperative Corporation rather prayed for ejectment of her tenant from her property---Ejectment proceedings initiated by the respondent were not with regard to any asset of defunct Cooperative Corporation---Cooperative Board could raise objections during execution proceedings or file an appeal against the order of Executing Court but none of the said remedies had been availed by the petitioner---Cooperative Judge was a persona designata and could only act in accordance with the powers specifically given to him and not otherwise--- Cooperative Judge had no power to set aside the impugned ejectment order of the Rent Controller or cancel a registered sale deed---If any decree, order or document had been executed without jurisdiction then same would be nullity in the eye of law but Cooperative Judge could not nullify the effect of such judgment, decree or sale deed and same could only be assailed before proper forum---Cooperative petition being not maintainable was dismissed, in circumstances.