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1993 Supreme(P&H) 424

V.K.BALI
Anjuman Imdad Bahmi Kufait Showari, Bachat-wa-karza (Cooperative thrift And Credit Society) – Appellant
Versus
State Of Punjab – Respondent


Judgment

V.K.Bali, J.

1. The petitioner, a Co-operative Society, pressed under the circumstances as it is presently facing, has been constrained to come to this Court for the second time in a span of less than one year. The relief claimed in the petition is to direct the respondents to handover physical possession of the property belonging to the petitioner consequent upon the order de-requisitioning dated October 1, 1990 which was passed by the District Magistrate, Gurdaspur as also to appoint an arbitrator in terms of Section 8(1)(b) of the Punjab Requisitioning & Acquisition of Immovable property Act, 1953 (here-in- after to be referred to as the Act of 1953).

2. Brief facts on which the relief mentioned above, rests, need to be enumerated first. It is pleaded that the petitioner society was constituted sometime in the year 1939 of the persons belonging to the so called ex-criminal tribes who were to be reformed and rehabilitated. A piece of land measuring 12 kanals and 12 marlas was purchased in the name of the Society and later 49 houses were constructed on the said land for its members and the colony was named as the Hari Nagar Reclamation Colony, Pathankot. On July 31, 1976,








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