MUHAMMAD ASLAM SIDDIQUI vs Mst. HASINA BEGUM — 1986 MLD 735

Citation: 1986 MLD 735

Court: Sindh High Court

Year: 1958

Decision Date: 1958-11-18

Parties: MUHAMMAD ASLAM SIDDIQUI vs Mst. HASINA BEGUM

Headnotes

Case cited as 1986 MLD 735

Judgment Text

Court Name: Sindh High Court Judge(s): B. Z. Kaikaus, Rahim Bakhsh P. Munshi Title: MUHAMMAD ASLAM SIDDIQUI vs Mst. HASINA BEGUM Case No.: Miscellaneous Appeal No, 23 of 1955 Date of Judgment:1958-11-18 Reported As: 1986 MLD 735 Result: Appeal allowed JUDGMENT JUDGMENT ' B.Z. KAIKAUS, J.--Muhammad Aslam Siddiqui, the appellant before us secured an award in his favour from an arbitrator nominated by the Registrar of the. Co-operative Societies in respect of a- house situate in Pir Illahi Bakhsh Colony No,2 against respondent Hasina Begum. Tte dispute as to this house had been referred to the Registrar, Co-operative Housing Societies on the representation that the respondent as well as the appellant were members of Pir Illahi Bakhsh Co- operative Housing Society Ltd. The award said that the appellant was entitled to the possession of the house from the respondent. The appellant applied for execution of this award as a decree liecause under section 59 of the Sind Co-operative Societies Act the award has the force of a decree. The respondent objected to the execution of the award on the ground inter alia that she was not a member of the Pir Illahi Bakhsh Cooperative Housing Society and, therefore, the reference and the award against her were void. InaMullah, J. Held on affidavits that she was not a member of the Housing Society and, therefore, the award could not be executed as a decree. In this appeal the decree-holder challenges that order on three grounds (1) that an…

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