2007 PLP 1590 (SCMR)
MADARASA HAMMADIA MAHMOODIA — Petitioner Versus KHALIL AHMED and another. — Respondents
| Citation | 2007 PLP 1590 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Muhammad Nawaz Abbasi and Ghulam Rabbani, JJ |
| Parties | MADARASA HAMMADIA MAHMOODIA — Petitioner Versus KHALIL AHMED and another. — Respondents |
| Primary Law | Islamic law |
Q1: What are the key laws and sections cited in 2007 PLP 1590 (SCMR)?
This judgment primarily cites: Islamic law as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1590 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Muhammad Nawaz Abbasi and Ghulam Rabbani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1590 (SCMR) (MADARASA HAMMADIA MAHMOODIA — Petitioner Versus KHALIL AHMED and another. — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shamsuddin Khalid Ansari, Advocate Supreme Court along with Aminullah Farooqui, Advocate-on-Record.
Headnotes / Summary
Leave to appeal was granted by the Supreme Court to examine the question as to whether a Waqif, after making Waqf and delivery of possession of Waqf property, had no power to revoke the Waqf and a party had any locus standi to file the suit for revocation of Wagf
Constitution of Pakistan (1973), Art.185(8). Shamsuddin Khalid Ansari, Advocate Supreme Court along with Aminullah Farooqui, Advocate-on-Record.
Judgment & Decree
MUHAMMAD NAWAZ ABBASI, J.
This petition is directed against the order, dated 9-3-2006 passed by the High Court of Sindh at Karachi in a civil revision arising out of the order, dated 8-4-2005 passed by First. Additional District Judge, Karachi East whereby the order, dated 8-11-2000 passed by VIIIth Senior Civil Judge, .East in the civil suit was upheld and civil revision was dismissed.
2. The short facts leading to the filing of this petition are that respondent No. 1 Khalil Ahmed filed a suit for declaration, possession and permanent. injunction in respect of Property bearing No.H/27; Survey No.35 measuring 83.70 sq. yds., situated in the Rifah-e-Aam Cooperative Housing Society, Ltd. which was initially allotted to his mother Mst. Sarwari Begum but later it was transferred in the name of Khaliq Ahmed respondent No.2 in the present petition, having raised construction on the plot,. donated the same to Jamiat Punjab saudagran Dehli (Regd.), Karachi. The respondent No.l, Khalil Ahmed on coming to flow the above fact. filed the suit and respondent No.2 Khaliq Ahmed on 10-7-1997 moved an application under Order XXIII, rule 3 read with section 151, C.P.C. wherein he prayed that suit may be decreed and consequently, a decree was passed in the suit on 8-11-2000 and appeal preferred against the judgment and decree was dismissed by learned Additional District Judge vide judgment dated 8-4-2005. The civil revision filed by the petitioner before the High Court also met the same fate and hence the .petitioner has filed the instant petition for leave to appeal.
3. The learned counsel for the petitioner has contended that after-completion of Waqf, the Waqif had no authority to revoke the Waqf and all the three Courts due to the misconception of law, decreed the suit. The question as to whether a Waqif, after making Waqf and delivery of possession of Waqf property, has no power to revoke the Waqf and whether respondents .had any locus standi to file the suit for revocation of Waqf would need examination, therefore, we grant leave in this petition to consider inter alia the above questions of law of public importance. M.B.A./M-80/SC??????????????????????????????????????????????????????????????????????????????? Leave granted.