Law:

Section:

(a) Islamic Law--------Waqf---Creation of Waqf by way of will---Validity---Declaration, dedication and objects for which Waqf was created must be made by the dedicator himself, therefore, a Waqf could not be constituted through a will. (b) Islamic Law--- ----Waqf---Creation of Waqf by- way of will---Object of Waqf---Document not executed by all successors of deceased---Trial Court declared the property of the deceased to be a Waqf property on the basis of will executed by the deceased---Neither all the successors of the deceased were made party before the Trial Court nor the decree indicated the objects of the Waqf--­Validity---Where the objects of Waqf were not indicated with reasonable certainty, the Waqf was void for uncertainty. Mohammedan Law, Sec. 179 by Mulla ref. (c) Islamic Law--- ---Waqf of Mushaa (undivided property)---Concurrent findings of facts by the Courts below---Disputed property was undivided property owned by issueless deceased---Plaintiff purchased major portion of the property through registered sale-deed from some of the legal heirs of the deceased--­Suit for possession was filed by the plaintiff which was decreed by the Trial Court and appeal was dismissed by the Appellate Court---Contention of the defendants was that the suit property was Waqf property and the same could not be sold---Validity---Where dedication was made for mosque or burial ground and the property was not capable of division, Waqf of Mushaa (undivided property) under Islamic Law was not permissible and Wakfnama regarding such property had no legal value. JUDGMENT The instant petition as also Civil Revision No. 1370 of 1987,1394 of 1998 and 1395 of 1998 are being disposed of together, as the questions involved in all these cases are identical. 2. The brief facts. of the instant petition as also C.R. No. 1370 of 1987 are, that the properties in dispute, which are quarters, were owned by one Mian Abdul Rehman, who died issueless before 1949. Malik Riaz Ahmed and Malik Fayyaz Ahmed being his successors sold the quarters in dispute, in favour of the petitioners through a registered sale-deed in the year 1980. Respondents after acquiring the title to these quarters, filed…

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