1. SARMAD J. OSMANY, J.---Brief facts of the matter are that Suit No,498 of 1975 tiled by Muslim Commercial Bank, respondent No,1, against Southern Cooperative Housing Society and Muhammad Aslam Yaseen was decreed by this Court in pursuance of which Execution Application No,70 of 1979 was filed by the Bank and finally various properties which were mortgaged by Southern Cooperative Housing Society as well as Muhammad Aslam Yaseen were redeemed by them. Consequently the execution application was disposed of as the decree had been satisfied. It appears that the appellants are aggrieved by the disposal of such execution application and more particularly by the deed of redemption whereby the property of Southern Co operative Housing Society has been redeemed. In fact it is the appellants' case that instead of redeeming the entire property belonging to the Society viz. 16-15 acres, only about 5 acres now belong to the Society and the balance land is in the possession of others namely Muhammad Aslam Yasin and his associates.
2. In order to resolve this matter we had asked learned counsel for Muslim Commercial Bank to produce before us all the mortgage deeds as well as redemption deeds. We have gone through the same and it appears that in all of them the entire property of the Society has been redeemed whereas only in one redemption deed Survey No,615 composing of 1-12 acres is missing. Be that as it may, in our view if the appellants have a dispute with the Society then their remedy lies under section 55 of the Cooperative Societies Act, 1925. In this connection the appellants have today candidly admitted that in fact such dispute has been referred to the Registrar as far back as in 1989 which is still pending. In these circumstances in our view they should follow up that matter and obtain their remedy from the Registrar.
3. Consequently in our view the above applications as well as this appeal is not maintainable.
4. However, as previously some applications were disposed of on 7-11-2000 whereby it was ordered that the appellants should be granted their sub-leases, we would consequently direct the Nazir of this Court to execute a sub-lease in favour of the appellant No,1, Abul Faiz M. Ghufran Zahidi, in accordance with law as regards his plot in the respondent Society. In this respect the Nazir shall in consultation with the Society execute the said sub-lease after all outstanding dues have been paid by the appellant No,
1. All necessary expenses, etc. shall be borne by the parties as provided under the law and the bylaws of the society.
5. The listed applications stand disposed of in above terms.