2015 PLP 2162 (YLR)
LAHORE GYMKHANA CLUB through Chairman — Petitioner Versus Sahibzada SARFARAZ ALI KHAN — Respondent
| Citation | 2015 PLP 2162 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ch. Muhammad Masood Jahangir, J |
| Parties | LAHORE GYMKHANA CLUB through Chairman — Petitioner Versus Sahibzada SARFARAZ ALI KHAN — Respondent |
| Primary Law | Specific Relief Act (I of 1877) |
Q1: What are the key laws and sections cited in 2015 PLP 2162 (YLR)?
This judgment primarily cites: Specific Relief Act (I of 1877) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2015 PLP 2162 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ch. Muhammad Masood Jahangir, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2015 PLP 2162 (YLR) (LAHORE GYMKHANA CLUB through Chairman — Petitioner Versus Sahibzada SARFARAZ ALI KHAN — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Barrister Rafay Altaf for Petitioner.
- Tariq Mehmood Mughal for Respondent.
Headnotes / Summary
S. 42
Membership of social club
Plaintiff filed suit impugning the vires of a letter issued by the Social Club (Lahore Gymkhana) whereby an amount in lieu of membership of the plaintiff had been demanded
High Court, on consensus of the parties, directed that the Social Club (Lahore Gymkhana), to issue a letter within a period of ten days indicating balance amount against the plaintiff, who was directed to deposit half of said amount as first installment on deposit of which, a provisional membership certificate would be issued to the plaintiff to avail the facility of the club by him and his family members as per law
Plaintiff, on his undertaking that he would withdraw the suit, was directed to pay the remaining amount within a period of three months
Revision was disposed off, accordingly.
Judgment & Decree
CH. MUHAMMAD MASOOD JAHANGIR, J.
By filing this Civil Revision, the petitioner has challenged the order dated 6-2-2013 passed by the learned trial court, whereby, the application filed by the respondent under Order XXXIX, Rules 1 and 2, C.P.C. has been accepted, which has been filed in a suit for declaration challenging the vires of letter dated 13-8-2012 through which an amount of Rs.476600 in lieu of membership of the petitioner club has been demanded as well as the judgment dated 4-6-2013 passed by the learned District Judge, Lahore, whereby, the appeal filed by the petitioner has been dismissed.
2. During the course of arguments a consensus has been developed between learned counsel for the parties according to which the respondent has agreed to deposit the outstanding charges w.e.f. 1-11-1995 in two installments and in that eventuality learned counsel for the petitioner assures that on deposit of the first installment by the respondent towards the dues regarding development charges and temporary deposit prevailing in the year 1995 whereas monthly subscription with effect from 1-11-1995 at the prevalent rate of each month to be assessed by the petitioner, the provisional membership certificate with immediate effect shall be issued to the respondent, who will withdraw the main suit in consequence thereof. However, the entrance fee of Rs.25,400 already got deposited by the respondent will not be charged again.
3. It is, therefore directed the petitioner will issue a letter within a period of 10 days while indicating balance amount against the respondent w.e.f. 1-11-1995, who will deposit half of the said amount till 16-6-2014 as first installment on deposit whereof with the petitioner, a provisional membership certificate with immediate effect will be issued to the respondent to avail the facility of the club by him and the family members as per law. In such an eventuality, the learned counsel for the respondent has given an undertaking that the main suit will be withdrawn as infructuous. However, the rest of the amount will be paid by the respondent to the petitioner within a further period of three months up till 15-9-2014. 4 Consequently, this Civil Revision is disposed of in the above terms and both the parties will abide by the above said commitment arrived at between them. KMZ/L-11/L Order accordingly.