Law:

Section:

West Pakistan Waqf Properties Ordinance, 1961 (XXVIII of 1961)-- ----S. 7--Auqaf (Federal Central) Act, 1976, S. 11--Constitution of Pakistan, 1973, Art. 185(3)--Leave to appeal--Entitlement to recover rent--Notification--Property of vender was taken over by petitioner--Amended by another notification--Challenge to--Principles of limitation--Petition filed by respondents was within time--Notification was published on 12.3.1978 and respondents applied for the copy of notification on 30.3.1978 which was supplied on the same day--Respondents filed application u/S. 11 of the Auqaf (Federal Central) Act, 1976 on 9.4.1978 as such the same was within time--Objection of maintainability of the suit being barred by time--Contention--Super structure on the plot in-question cannot be treated as waqf property as the structure was raised to the knowledge of the petitioner and the amended notification was issued with malafide had there exists no ground to hold that super structure on the land was Waqf Property--Admittedly--Notification was published on 12.3.1978 and respondents challenged the same on 9.4.1978--An officer of Printing Corporation of Pakistan, who stated that the reasons for delay in the publication of the notification was that the Corporation was called upon by the Federal Government to publish the gazette pertaining to the elections--Validity--Petition was within time--Petition had failed to rebut the plea of respondent about ignorance of nature land or that it was ever used for any waqf purposes--Held: Disputed land was waqf but structures were not waqf and Auqaf department was entitled to recover rent from disputed land which was waqf property. 1993 SCMR 643; PLD 1971 SC 376. Judgment Abdul Hameed Dogar, J.--This petition is filed by petitioner Chief Administrator Auqaf Punjab against the judgment dated 26.8.2002 passed by learned Judge in Chambers of Lahore High Court, Lahore whereby FAO No. 109 filed by him was dismissed, however, he was held entitled to recover ground rent regarding the said Waqf land underneath the shops and to take other steps in accordance with law. 2. Briefly, stated facts giving rise to the filing of instant petition are that land…

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