Law:

Section:

West Pakistan Land Reforms Regulation [C. M. L. A.'s No. 64, 1959]- -- Para. 22 read with West Pakistan Land Commission Notification dated 3-3-1960 [under para. 4(5)]-Chakdar Kasoor Khar-Adna Malik-Aala Malik-Payment of land revenue to Government­ Necessary qualification for being regarded as Adna Malik-Person engaged with Government to pay land revenue-Treated as Adna Malik or Aala-cum-Adna Malik and considered full proprietor ­Chakdar Kasoor Khar of village under consideration not enjoying any proprietary rights in land nor responsible for payment of land revenue to Government, nor occupying or cultivating land, but receiving specified customary share of produce for services rendered (providing means of irrigation and keeping them in good repair) not entitled to induct or eject tenants-Plaintiff Chakdar Kasoor Khar, held, did not qualify as Adna Malik-Douie's Settlement Manual, paras 143, 169 & 170. Mr. Maclagan's note; Digest of Customary Law in the Punjab by Rattigan and Settlement Manual by Sir James Douie ref. Thakar Das v. Fateh Muhammad A I R 1930 Lah. 740 and Sarfaraz Khan v. Dawa Mulla 34 P R 1965 distinguished. JUDGMENT ANWARUL HAQ, J.-This appeal, by leave of the Court, is directed against the judgment dated the 27th of April 1966 of a Division Bench of the former High Court of West Pakistan at Lahore, whereby a Regular Second Appeal filed by the appellant Makhdoom Mohammad Ahsan was summarily dismissed. The said appeal had arisen in the following circumstances. The appellant instituted a suit on the 29th of September 1961, on his own behalf as well as in his capacity as the Mutwalli of the private wakf known as Khanqah Hazrat Shahid Sahib situate in Multan city, praying for a declara­tion to the effect that he was the full proprietor of the agricultural land in dispute, measuring 377 kanals and situate in the area of village Ferozepur in the Multan district. He also prayed for a declaration that the rights of defendants Nos. 1 to 16, whom he described as Aala Maliks, stood abolished under Paragraph 22 of Martial Law Regulation No. 64 of 1959. As a consequential relief, he asked for the possession of the land in suit. The appellant averred that…

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