IMAM ALI G. KAZI, J.- The dispute in this case relates to a plot measuring 600 Sq: Yards bearing No. 4/C, 12th Commercial Street (Phase II), situated in Pakistan Defence Officers Cooperative Housing Society Limited. This plot was allotted to one Mr. M. S. Jalil. The Petitioner is his son and he claims that the plot in question was transferred to him and his brother Mohammad Anwar by their lather after obtaining approval from the Pakistan Defence Officers Co-operative Housing Society vide Annexure 'E' to the petition. The Gift Deed in favour of the Petitioner and his brother is also duly registered.
2. It is now complained by the Petitioner that the Respondents have arbitrarily cancelled the allotment and registered lease deed executed in favour of their lather. No notice was issued to the Petitioner, his brother or their father.
3. Mr. Abul Khair Ansari, Advocate for the Petitioner, mainly contends that the Respondents have acted beyond their jurisdiction as they have cancelled the registered lease-deed which can only be done through a competent Civil Court. They have further acted arbitrarily and passed the order without issuing any notice or hearing the petitioner or his predecessor in interest.
4. Mr. Raja Shamsuzzaman, Advocate for the Respondents contends that as initial order granting the plot to the father of the Petitioner and subsequent transfer by him to the Petitioner and his brother was not authorised by the regulations of the society and it being managed affair no notice was required to be given to them under Section 17 of. The Pakistan Defence Officers Housing Authority Order, 1980.
5. The admitted position in this case is that neither the Petitioner nor his predecessor-in-interest was issued any notice by the Respondents intimating their intention to cancel the allotment of the plot in question under Section 17 of the said order. There is nothing in the order which dispenses with issuance; of a notice before taking such a decision, It need not be reiterated that in case there is no specific provision for issuing such notice in a statute such a provision is required to be read as the part of the enactment as consistently held by the superior courts.
5. Section 17 of the Pakistan Defence Officers Housing Authority Order, 1980 referred to by the Advocate for the Respondents is reproduced below- "17. Dissolution-of the Society, etc.- Upon the commencement of this Order, the Society, the Executive Committee of the Club and the Foundation together with its Board of Governors shall stand dissolved and upon such dissolution;-
(a) all assets, rights, powers, authorities and privileges and all property, movable and immovable, cash and bank balance, reserve funds, investments and all other interests and rights in or arising out of such property and all liabilities and obligations of whatever kind of the Society, Club or Foundation shall be transferred to and vest in the Authority;
(b) all contracts and agreements entered into, all rights acquired and all matters and things engaged to be done by, with or for the Society, Club or Foundation before such dissolution shall be deemed to have been entered into, acquired or engaged to be done by, with or for the Authority;
(c) All leases executed and all grants made of all lands in the name of the- Society, Club or foundation before such dissolution shall be deemed to be leases executed and grants made in the name of the Authority;
(d) all contracts, projects, schemes, work (whether in progress or not) and all guarantees, undertakings, obligations, liabilities and mortgages, executed or subsisting in the name of the Society, Club or Foundation before such dissolution shall be deemed to be contracts, projects, schemes, works, guarantees, undertakings, obligations, liabilities and mortgages of the Authority;
(e) All pending disputes in respect of the Society under section 54 or any other provision of the Co- operative Societies Act, 1925 (Bombay Act VII of 1925), shall stand transferred to and be decided by the Administrator and any party aggrieved by his decision shall have the rights of appeal to the Executive Board whose decision thereon shall be final and shall not be liable to be called in question in any Civil or Revenue Court;
(1) all appeals and revisions pending either before the Registrar or the Provincial Government under the provisions of the aforesaid Act shall stand transferred to the Executive Board whose decision thereon shall be final and shall not be liable to be called in question in any Civil or Revenue Court;
(g) all suits, petitions and other legal proceedings instituted by or 'against the Society, Club or Foundation before such dissolution shall be deemed to be suits, petitions and proceedings by or against the Authority and shall proceed or be otherwise dealt with accordingly; and
(h) all allotments and transfers of plots, whether residential, commercial or otherwise, made by the Society before such dissolution shall be deamed to be allotments and transfers made by the Authority; Provided that the Executive Board may- i) cancel such allotments which were made or issued in contravention of the bye-laws of the Society or the resolution of the Managing Committee of the Society; ii) alter the area of any plot involving duplicate allotments and reallot the same in such manner as it may consider appropriate; and iii) pass such orders in respect of transfer of plots involving duplicate allotments as it may deem fit."
7. As the result of above provision of law the Pakistan Defence Officers Cooperative Housing Society Limited, Karachi stood dissolved on the commencement of the said order and Pakistan Defence Officers Housing Authority established under it succeeded the former. Under clause (c) of Section 17 of the order all leases and grants of land made by the defunct Society shall be deemed to be the leases executed and grants of land made by the authority. Similarly by a separate clause (h) to the section allotments and transfers of plots made by the Society shall also be taken to be those of the Authority. Proviso (i) to Section 17 of the order enables the Executive Board to cancel such allotments which were made in contravention of the bye laws of the society or resolution of its managing committee. Power contained in provision (i) to Section 17 of the Pakistan Defence Officers Housing Authority Order, 1980 does not extend to cancellation of leases and grant of lands deemed to have been executed or granted by the Authority under clause (c) of Section 17 of the order.
8. The order passed by the respondents herein and impugned in this petition for the foregoing reasons is declared to have been passed without any lawful authority, to be of no legal effect and is quashed. The petition is allowed with no order as to costs.
9. It will however be open to the respondents to initiate any other action that they may be advised to take under the law and decide it after hearing all the concerned parties.