Law: West Pakistan Waqf Properties Ordinance (XXVIII of 1961)

Section: 6,7

Law: Evacuee Trust Properties (Management and Disposal) Act, 1975

Section: 8

(a) West Pakistan Waqf Property Ordinance (XXVIII of 1961)--- ----Ss.6 & 7---Waqf property---Determination of jurisdiction---Civil Court had jurisdiction to decide the nature of property as to whether it was Waqf or not. Ahmad Ali v. Rehabilitation Authorities PLD 1964 SC 229; Chief Administrator Auqaf, Sindh, Thandi Sarak, Hydrabad and another v. Mst. Masooma PLD 2001 SC 75 and PLD 2001 SC 75 ref. (b) Evacuee Trust Properties (Management and Disposal) Act (XIII of 1995)--- ----S.8---Where a question arises as to whether an evacuee property is attached to a charitable, religious or educational trust or institution, it shall be decided by the Chairman, Evacuee Property Trust Board---Chairman would be having jurisdiction regarding a property with reference to which there is no dispute about its evacuee character and the only dispute is whether the evacuee property is attached to the said trust or institution---When persons are claiming the property to be part of Muslim Waqf such dispute cannot be decided by the Chairman, and same could only be decided by the Civil Court. THIS JUDGMENT DELIVERED BY: MAULVI ANWARUL HAQ, J.--- According to the contents of this writ petition, petitioner No.2 (Chief Administrator of Auqaf Punjab Zone, Lahore) issued a Notification on 28-1-1970 under section 6 of the West Pakistan Waqf Property Ordinance, 1961. This Notification was published in official Gazette on 11-4-1970. (Copy Annex-A). The private respondents filed a suit against he petitioner, which was decreed by the learned Trial Court on 13-5-1976. It was held that the property stated to be taken over under the said Notification is not a Waqf property and is a private property of the private respondents. First appeal filed by petitioner No.2 was dismissed by the learned District Judge, Sargodha on 5-11-1977. A Review application was filed, which was also dismissed by the learned District Judge on 6-7-1978. All these three orders have been questioned by filing this writ petition primarily on the ground that the said judgments/orders are without jurisdiction as only District Judge has jurisdiction to decide the said question under section 7 of the said Ordinance, 1961. 2.…

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