Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 39

Law: Specific Relief Act, 1877

Section: 42,54

(a) West Pakistan Land Revenue Act (XVII of 1967)--- ----S.39---Wajib-ul-Arz---Scope---Presump-tion of truth is attached to Wajib-ul-Arz and rights of parties are always controlled by its entries prepared at last settlement, which forms part of standing record prepared under S. 39 of West Pakistan Land Revenue Act, 1967. (b) Specific Relief Act (I of 1877)--- ----Ss.42 & 54---Suit for declaration and permanent injunction---Waqf land---Plaintiffs claimed to be owners in possession of suit-land in their capacity of "Seri Khors" and assailed order passed by authorities declaring the land as Waqf land---Suit and appeal filed by plaintiffs were dismissed by Trial Court and Appellate Court respectively---Validity---Suit property was rightly declared to be 'Waqf' created in favour of mosque with permissible possession of predecessor-in-interest of plaintiffs and thereafter all plaintiffs were entitled of usufruct in lieu of Imamat---Office of Imamat was not being enjoyed by plaintiffs, therefore, Trial Court had rightly non-suited them through well-reasoned and decree which was upheld---Suit property was in the ownership of mosque and whosoever was Imam of Mosque would enjoy usufruct in lieu of services related to Imamat and enumerated in Wajib-ul-Arz---Both the Courts below correctly appreciated facts and law applicable thereto---High Court declined to take any exception to decisions of courts below as same were not arbitrary, capricious or outrightly absurd---Revision was dismissed in circumstances. Aziz-ur-Rehman and another v. Atai Khan and 6 others PLD 1976 Pesh. 60; Shad Muhammad v. Khanpur PLD 1979 Pesh. 93; Haji Naimatullah Khan and another v. Government of Pakistan (PLD 1979 Pesh. 104; Shad Muhammad v. Khan Poor PLD 1986 SC 91; Makhni Bi v. Muhammad Yasin and others PLD 1986 SC 94; Azam Khan v. Azad Khan and 6 others PLD 1986 Lah. 275; Nazeer Ahmed v. Mst. Hussain Bibi and 7 others PLD 1986 Lah. 279; Muhammad Khizar Hayat Khan v. Chief Land Commissioners and others PLD 1968 Lah. 1145; Government of West Pakistan v. The Kallar Syedan Ex-servicemen PLD 1968 Lah. 1151; Muhammad Yousaf and 3 others v. Khan Bahadur 1992 SCMR 2334; Mian Muhammad Latif v.…

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