2011 SCMR 207 (PLP)
MAULA BUX and others — Appellants Versus CHIEF ADMINISTRATOR OF AUQAF, LAHORE and others — Respondents
| Citation | 2011 SCMR 207 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tassaduq Hussain Jillani and Asif Saeed Khan Khosa, JJ |
| Parties | MAULA BUX and others — Appellants Versus CHIEF ADMINISTRATOR OF AUQAF, LAHORE and others — Respondents |
| Primary Law | Auqaf (Federal Control) Act (LVI of 1976) |
Q1: What are the key laws and sections cited in 2011 SCMR 207 (PLP)?
This judgment primarily cites: Auqaf (Federal Control) Act (LVI of 1976) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 207 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tassaduq Hussain Jillani and Asif Saeed Khan Khosa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 207 (PLP) (MAULA BUX and others — Appellants Versus CHIEF ADMINISTRATOR OF AUQAF, LAHORE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Zulqarnain, Advocate Supreme Court for Appellants.
- Naseem Ahmed Khan, Advocate Supreme Court and Shabbir Ahmed Khan, Advocate Supreme Court for Respondents.
Headnotes / Summary
(On appeal against the judgment dated 18-12-2000 passed by Lahore High Court, Lahore in FAO No. 113 of 1984).
Ss. 7 & 11
Punjab Waqf Properties Ordinance (IV of 1979), S.11.--Taking over of waqf property by notification
Counsel of both the parties were of the view that the best evidence which could be produced by the parties was not tendered, and in the interest of justice, the matter, be remanded to the District Judge to decide appellants' application under S.11, Punjab Waqf Properties Ordinance, 1979 afresh and expediously
Supreme Court found the stand taken by the counsel as reasonable, allowed the appeal and set aside judgment of High Court as also of District Judge and directed that appellants' application under S.11 of the Auqaf (Federal Control) Act, 1976, which stood superseded by the Punjab Waqf Properties Ordinance, 1979 shall be deemed to be pending and decided afresh within eight weeks of the receipt of the present judgment.
Judgment & Decree
Through this appeal by leave of the Court appellants Maula Bux etcetera have challenged the judgment dated 18-12-2000 vide which F.A.O. No.113 of 1984 filed by the respondent Chief Administrator Auqaf, Lahore was allowed, the judgment of the learned District Judge dated 14-4-1984 was set aside and appellants' application under section 11 of the Punjab Waqf Properties Ordinance impugning the notifications issued by the respondent Department was dismissed. Vide the latter order/notification of the Auqaf Department dated 15-12-1978, the property subject-matter of the appeal was taken over by the Department in terms of section 7 of the Auqaf (Federal Control) Act, 1976. In the schedule annexed to the said order, the described property was as follows: "Khanqah Hazrat Mouzim Shah along with 2 shops, 3 residential houses and 8 rooms, graveyard covering an area of 4 Kanals, 6 Marlas, bearing Khasra Nos.7012, 7042 in Khewat No.2321 Khatooni No. 4904 according to the Revenue Record for the year 1971-1972."
2. The learned District Judge had set aside the afore-referred notification to the extent of the appellants primarily on the ground that "Khasra Nos. 7012 and 7042, referred to in the notification E.R. 1 have not at all been shown as waqf property or as the property belonging to Darbar Moazzam Shah."
3. We have heard learned counsel for both the parties at some length and both were of the view that the best evidence which could be produced by the parties was not tendered and in the interest of justice, let the matter be remanded to the District Judge to decide appellants' application under section 11 of the Ordinance afresh and expeditiously. The stand taken by learned counsel for the parties is reasonable. In this view of the matter, this appeal is allowed, the judgments dated 18-12-2000 passed by the learned High Court in F.A.O. No. 113 of 1984 as also of the District Judge dated 14-4-1984 are set aside. Appellants' application under section 11 of the Auqaf (Federal Control) Act, 1976, which now stands superseded by the Punjab Waqf Properties. Ordinance, 1979, shall be deemed to be pending and decided afresh within eight weeks of the receipt of this order. M.A.K./M-97/SC Appeal allowed.