Case Details

Citation(s)
2001 SLG 2312 2001 SLD 2312 2001 CLC 136
Lahore High Court
First Appeal from Order No. 173 of 2000, heard on 7-07-2000
CH. IJAZ AHMAD, J
Abdul Latif Dar for Appellants. Nasim Ahmed Khan and Asad Ali Shah Gilani for
Respondents

ANJUMAN TAJRAN, OUTSIDE DELHI GATE, LAHORE and 15 others

VS

CHIEF ADMINISTRATOR OF AUQAF, PUNJAB AWANEAUQAF and another

Law:

Section:

(a) Punjab Waqf Properties Ordinance (IV of 1979)-------Ss. 11 & 12---Civil Procedure Code (V of 1908), O.XX, R.5---Appeal--­Notification of Waqf property---Petition under S.l1 of Waqf Properties Ordinance, 1979, filed by the appellant was dismissed by Trial Court without discussing the evidence on record---Validity---Where of the Trial Court was given without discussing the evidence on record, such was not in accordance with the mandatory provisions of O.XX, R.5 of C.P.C.---Judgment was set aside and the case was remanded for decision afresh after hearing the parties and in accordance with the provisions of O.XX, R.5, C.P.C.---High Court declined to give findings on the issues between the parties so that parties might not be deprived of remedy of appeal before High Court---Appeal was allowed accordingly. (b) Judgment------ ---- Judgment is the result of accumulative effect on the mind of the Court that finds expression in its final opinion---Court is obliged to consider the evidence present on record, judge its value .in the light of legal principles applicable thereto and then pronounce its final opinion. (c) Punjab Waqf Properties Ordinance (IV of 1979)--- --S. 11---Civil Procedure Code (V of 1908), Preamble---Petition under S.11 of Punjab Waqf Properties Ordinance, 1979---Applicability of provisions of Civil Procedure Code, 1908---Provisions of C.P.C. are applicable to such proceedings. JUDGMENT The brief facts giving rise to this appeal are that appellants filed petition under section 11 of the Punjab Waqf Properties Ordinance, 1979 before learned Additional District Judge, Lahore. The respondents filed written statement controverted the allegations levelled in the petition. Out of the pleadings of the parties, the following issues framed:-----. (1) Whether the petition is within time? O.P.P. (2) Whether the petition is not maintainable? O.P.R. (3) Whether the petition is bad for misjoinder of parties? O.P.R. (4) Whether the property in question was purchased and constructed by the petitioner and is not a Waqf property? O.P.P. (5) Relief. The petition was dismissed by the learned Additional District Judge vide impugned judgment and decree, dated…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492