Law:

Section:

(a) Approbation and reprobation--- -----Party to case could not approbate and reprobate about same matter in same breathParty having already taken plea of his not being a tenant, could not put forward plea of his being a tenant in further proceedings. (b) West Pakistan Waqf Properties Ordinance (XXVIII of 1961)-- S. 6 read with West Pakistan Waqf Properties (Administration) Rules, 1960, r. 7(3)(1), (2) and Land Reforms Regulation [C. M. L. A.'s No. 115 of 1972], para. 25 Ejectment -Petitioner not held to be a tenantContention that before evicting -Petitioner, procedure laid down in para 25 of Regulation No. 115 should have been followed, held, not available. (c) West Pakistan Waqf Properties Ordinance (XXVIII of 1961)-- Ss. 6, 6A, 6B read with West Pakistan Waqf Properties (Administration) Rules, 1960, r. 7(3)(1), (2)Ejectment-Petitioner failing to comply with requirements indicated in notice given him under r. 7(3), held, could be legally evicted by forceProtection of Ss. 6A & 6B not available in circumstances. (d) West Pakistan Waqf Properties Ordinance (XXVIII of 1961)-- S. 6 read with West Pakistan Waqf Properties (Administration) Rules, 1960, r. 7 (3) (1) & (2)-Petitioner failing to comply with notice asking him to execute lease deed in respect of property and notice not requiring -Petitioner to deliver vacant possession, contention that 7 days' notice not being given to deliver vacant possession eviction was illegal, held, misconstrued. ORDER SALAHUDDIN AHMED, J. ---The -Petitioner has been aggrieved by his forcible eviction from a piece of land measuring 5 kanals and 14 marlas situated in village Mahmud Booti, Tehsil and District Lahore by the Chief Administrator of Auqaf and Assistant Manager, Auqaf. He claimed that he had been in cultivating possession of the land for about 50 years and the land was rent free because of the services rendered by him to the Khanqah. It appears that the original owner of the land bad died leaving 39 kanals and 16 marlas of land in village Mahmud Booti including the land in dispute. His son who claimed to be his sole heir created a waqf of the said lands including the land in dispute. By a notification dated the…

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