Law:

Section:

(a) Islamic Law--- ---- Gift of property to the Khanqah---No gift-deed had been placed on record by either of the parties, but according to the mutation based thereupon, the property undoubtedly was gifted to the Khanqah and not to its Mutawalli--­No right or interest whatsoever, in the property so gifted, was created in favour of Mutawalli's predecessor which could devolve upon him. (b) Islamic Law--- ---- Gift of immovable property to the Khanqah by a non-Muslim through the medium of trust---Validity---Once a valid gift in terms of Islamic law was made to the Khanqah, which, stricto senso, may not be a juristic person, but was within the meaning of law, capable of acquiring and holding the property in its name, the gifted property would merge into the already existing Waqf without there being a specific dedication by the non-Muslim--­Property in question, since the time of its gift had actually vested in the Khanqah and thus had formed part of the property belonging to it---Such property, which admittedly was being used since 1913, as vesting in the Khanqah, irrespective of any dedication being shown to have been made by a person not professing Islam was the property acquired by Khanqah. Chief Administrator, Auqaf, Punjab, Lahore v. Koura alias Karam Elahi and others PLD 1991 SC 596 distinguished. Principles of Mohammedan Law by Mulla, para. 151 ref (c) Punjab Waqf Properties Ordinance (IV of 1979)--- ----Ss. 7 & 11---Waqf property---Non-Muslim had gifted the landed property to Khanqah---Mutawallis, having no independent right or interest in the property, had no locus standi to challenge the notification by the Auqaf Department. (d) Punjab Waqf Properties Ordinance (IV of 1979)--- ----Ss.11 & 7---Limitation Act (IX of 1908), Ss.5 & 14---Petition under S.11, Punjab Waqf Properties Ordinance, 1979---Limitation---Condonation of delay---Exclusion of time spent in earlier agitation of the same matter--­Separate application, requirement of---Provision of S.5, Limitation Act, 1908 had not been made applicable to petition under S.11, Punjab Waqf Properties Ordinance, 1979---If, however, the appellant was entitled to the benefit of S.14, Limitation Act,…

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