Law:

Section:

(a) Punjab Waqf Properties Ordinance (IV of 1979)--- ----S. 7---Taking over of wakf property by Chief Administrator of Auqaf by notification---Notification under S.7, Punjab Wakf Properties Ordinance, 1979 must also be served on the person in possession of the property which the Chief Administrator of Auqaf had declared to be Wakf. Muhammad Ishaq v. Chief Administrator of Auqaf, Punjab PLD 1977 SC 639 fol. (b) Punjab Waqf Properties Ordinance (IV of 1979)--- ----Ss. 11 & 7---Taking over of wakf property by Chief Administrator of Auqaf by notification---No evidence on record was available to show that the property was dedicated or had been used for purposes of wakf since the time immemorial---Possession of the -Respondents was admitted and they were occupying the same since several hundred years---Department (appellant) had not been able to produce any evidence on record to show that the property in possession of the -Respondents had been `waqf' within meaning of the Punjab Wakf Properties Ordinance, 1979 and law preceding it---Concurrent findings of fact were unexceptionale and not against the settled law---Supreme Court dismissed the appeal of the department. Muhammad Ali v. Chief Administrator of Auqaf 1972 SCMR 297; Elahi Bakhsh v. Chief Administrator Waqf Property 1982 SCMR 160; Muhammad Ishaq v. Chief Administrator of Auqaf, Punjab PLD 1977 SC 639 and Province of East Pakistan v. Hasan Askary PLD 1971 SC 82 ref. ORDER TASSADUQ HUSSAIN JILLANI, J. ---Through this appeal by leave of the Court, the judgment dated 18-12-2000 passed by the learned Single Judge of the Lahore High Court has been assailed vide which appellant's appeal (FAO No. 214 of 1985) was dismissed and the judgment of the learned District Judge dated 14-9-2005 was upheld. Vide the latter judgment, the learned District Judge had allowed the application of -Respondents under section 11 of the Punjab Waqf Properties Ordinance, 1979, and the notification dated 5-12-1978 issued under the afore-referred Ordinance was declared illegal and ineffective qua the rights of the -Respondentsapplicants with reference to the property in their possession. 2. Learned counsel for the appellant-Department…

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