ORDER SHEET
IN THE HIGH COURT OF SINDH,
CIRCUIT COURT, HYDERABAD.
C.P No.D-2268 of 2013
DATE ORDER WITH SIGNATURE OF JUDGE
For katcha peshi.
09-04-2015.
Mr. Muhammad Shafique advocate for petitioners.
Mr. Allah Bachayo Soomro, Additional A.G. Sindh.
Mr. Roshan Ali Azeem Mallah advocate holding brief for Mr. Behzad Ali Umrani advocate for respondent No.1.
The petitioner has challenged the allotment order and sub-lease deed of plot No.A-16/1 deh Giddu Bander Taluka Latifabad, measuring area 2160 sq. ft of Railway Employees Cooperative Housing Society, Hyderabad and prayed that the same may be cancelled. The petitioners are claiming to be members of the Railways Employees Cooperative Housing Society, Hyderabad and this is their claim that the plot No.A-16/1 has been wrongly allotted to the respondent No.2, who was working in Pakistan Railways as driver and he was member of Railway Employees Cooperative Housing Society, Hyderabad. It is further stated that the respondent No.1 with the collusion of the respondent No.3 has committed fraud and managed the documents of registered sub-lease deed, registration No.283-C in respect of plot No. A/16/1, measuring area 2160 sq.ft. so it should be cancelled. First of all if the petitioners want cancellation of lease deed, which can only be done by the Civil Court and not by this Court in writ jurisdiction and if there is dispute between the members of the Society the proper remedy is available under section 54 of Cooperative Societies Act, under which arbitration case can be filed. In fact in this case, the petitioners want the cancellation of lease and appropriate forum is Civil Court where the lease can be challenged.
After arguing at some length, the petitioners’ counsel submits that the petitioner will seeks proper remedy in accordance with law.
Petition stands disposed of in the terms.
JUDGE
JUDGE
A.C