2008 PLP 1646 (CLC)

KHALIL AHMAD, J.

The petitioner claims to be the General Secretary of Markazi Darul Uloom Jamia Chiragiya (Regd.) Gojra, District Toba Tek Singh and he is managing the affairs of Madrisa, Masjid and Darbar Shah Sawar under the control of said Anjuman. Prior to this Shah Sawar deceased used to manage the affairs of Madrisa and Masjid near about 20 years ago, and he was the Nazim-e-Ala of the said Anjuman and Pir Syed Chiragh Ali Shah deceased was the Sarpr.ast-e-Ala of said Anjuman, and in his memory said Jamia Chiragiya and Masjid Jamia Chiragiya were established. After the death of Syed Shah Sawar, the members of Anjuman Jamiya Chiragiya (Regd.) elected Pir Syed Muhammad Anees-ul-Mujtaba Zia-ul-Hassan as Nazim Ala of the said Anjuman, who died in year 1999. After the death of Shah Sawar Shah a dispute about the management of the Madrisa and Masjid arose between Syed Anees-ul-Mujtaba and Syed Bahar Ali Shah and both the parties entered into an agreement of arbitration and they did not make the Anjuman and the petitioner who is managing the affairs of the said Masjid and Darbar, as party.

2. After entering into an agreement of arbitration and getting the decision of the Arbitrators, Syed Pir Bahar Ali Shah deceased filed an application for making award the rule of the Court and sought decree on the basis of award dated 30-7-1994, relating to the property, comprising Khewat No.3, Khatooni No.3, Khasra No.98/31 total measuring 1 Kanal, 2 Marlas, 2 Sarsahi out of which 17 Marlas, 21 sq. ft. is the ownership of the said applicant and 4 Marlas, 4 Sarsahis was the property of Mst. Wilayat Bibi deceased who in her life time executed a Waqfnama dated 13-10-1987 of Jamiya Masjid Chiragiya in Chak No.470/JB, Tehsil Gojra District Toba Tek Singh. Syed Anees-ul-Mujtaba was summoned in the said case, who filed the reply of the said application.

3. During the pendency of the said application, Syed Bahar Ali Shah and Syed Anees-ul-Mujtaba died and the successors of the said persons were impleaded as parties. This application was contested by the respondents and the learned Civil Judge vide order, dated 17-3-2001 made the award rule of the Court. Syed Muhammad Anees-ul-Mujtaba Zia-ul-Hassan through his legal heirs filed an appeal which was dismissed by the learned Additional District Judge vide order, dated 13-11-2002. Anjuman Chiragiya filed an application under section 12(2), C.P.C. on 27-1-2003 before the learned Additional District Judge which too was dismissed by him vide order, dated 10-10.2003. Hence, this petition.

4. Arguments heard and record perused.

5. It is on record that Syed Aneesul Mujtaba in his life time, being President of Jamia Charaghia had assailed the award before the trial Court and after his death, his three sons namely Syed Usmanul Mujtaba, Syed Zeeshanul Mujtaba and Syed Ihsanul Mujtaba were elected by the members of Anjuman Charaghia as office-bearers of the aforementioned Anjuman who as legal heirs of the said late Aneesul Mujtaba contested the award before the trial Court and the Appellate Court as well. Moreover, the issue with regard to the non-joinder of necessary party has already been decided by the Courts below and, therefore, it is held that the petitioner is not an aggrieved party and has got no locus standi to file the present petition.

6. The learned counsel for the petitioner is unable to point out any illegality or irregularity in the impugned order passed by the learned Additional District Judge, therefore, the same is upheld and this petition is dismissed. M.H./A-91/L Revision dismissed.