1. This application has been filed under Order 7, rule 11, C.P.C. praying that since the dispute between the plaintiff and defendant No,1 is regarding a plot of land located , in Rizwan Cooperative Housing Society Limited of which both the parties claim through past members and which accordingly touches the business of the Society, the suit be dismissed being barred under sections 54 and 70A of the Cooperative Societies Act.
2. Brief facts of the matter are that the plaintiff claims to the purchaser of Plot No,B-62/A, admeasuring 400 sq. yds. located in Rizwan Cooperative Housing Society Limited from its previous owner through a Sale ,Agreement executed on 3-12-1992 between the parties. The plaintiff in support of such transaction has relied upon copies of sale agreement, possession order acknowledgement of possession, site plan and copy of receipt for the sale amount which have been annexed as Annexures 'B' to 'B-4' respectively to the plaint. Thereafter the plot was transferred in the name of the plaintiff by defendant No,3 who is the Chairman of Rizwan Cooperative Housing Society Limited and in this connection he has relied upon Transfer Application and Transfer Order etc., copies of which have been as Annexures 'C-I to C-III' respectively to the plaint. Thereafter Membership Certificate was also issued to the plaintiff as well as allotment order as per the Annexure 'F to the plaint It has been further alleged in the plaint that the plaintiff had obtained the approved plan for construction of his proposed house on the plot in question. However when he had gone to the plot to start such construction, defendants 1 and 2 approached him and demanded the documents of the plot in question which were shown to them but they were dissatisfied and claimed to be the owners of the plot and also threatened to dispossess him by force. Thereafter the plaintiff knocked at the doors of many authorities including the police as well as the Cooperative Society but being disappointed by these departments he had no other option except to file the present suit as the defendants Nos.1 to 2 were continuously threatening him with dire consequences if he does not vacate the plot in question.
3. In the counter-affidavit filed to the application under Order 7, rule 11, C.P.C. the. defendant No,1 to the contrary has claimed ownership of a plot bearing No,A-1/C, Section 38-A, Scheme No,33, Rizwan Cooperative Housing Society Limited, admeasuring 200 sq. yds and has relied upon the ownership documents of such plot which have been filed as Annexures 'A', 'B', 'C' and 'D' respectively to the counter-affidavit of defendant No,1 to plaintiff's application under Order 39, rules 1 and 2, C.P.C.
4. The defendant No,1 has further denied that any plot known as B-62/A admeasuring 400 sq. yds. exists in the Society since there are only 58 plots shown in the layout plan of the said society. In fact there is a dispute between the parties as to the actual ownership of the plot in question and a portion whereof appears to have been allotted to both the plaintiff and defendant No,1. In the counter-affidavit filed by the plaintiff to the subject-application it has been reiterated that the plaintiff is the owner of the plot, as per the documents filed alongwith the plaint. The plaintiff has also denied that defendant No,1 is a bona fide member of the Society or that he has ever purchased the plot from Mst. Khalida Begum who was the previous owner thereof. The contents of the counter-affidavit have been countered in the rejoinder filed by the defendant No,1 who has denied that she is not a bona fide member of the Society and reiterated that the plaintiff's plot is non-existent etc. 'I have heard Mr. Muhammad Ikram Siddiqui, learned counsel for the plaintiff and Mrs. Salima Nasiruddin, Advocate for the defendant No,1. From a perusal of the plaint as well as the application its counter-affidavit and rejoinder, it is quite clear that the parties are in dispute over a plot of land or part thereof situated in the Rizwan Cooperative Housing Society Limited and each party claims to be its owner. In this regard section 54 of the Cooperative Societies Act is very clear which provides, inter alia, that where any dispute touching the business of a Society arises between a member or past member of the Society or any person claiming through a member or past member, it has to be referred to the Registrar, Cooperative Societies for its decision by himself or his nominee or of either of the parties so desire to three Arbitriors which would be the Registrar or his nominee and two persons, one of whom shall be nominated by each of the parties concerned.
5. It is a fact that admittedly a dispute has arisen between the parties which touches the business of the Society viz. that of allotment of plots to its members etc. and that such dispute has arisen between the plaintiff and defendant No,1 both of whom claim through past members of the Society (although defendant No,1's bona fide membership is disputed), the matter would have to be referred to the Registrar of the Society under section 54 of the Cooperative Societies Act and hence the suit is barred in terms of such section particularly section 70A of the said. Act.
6. Consequently I am of the view that this application has merit and is therefore, allowed. The plaint is accordingly rejected under Order 7, rule 11, C.P.C.
7. Application stands disposed of alongwith all other pending applications as well as the suit itself.