Law:

Section:

West Pakistan Waqf Properties Ordinance (XXVII of 1961)-Ss. 6-A & 6-B read with Transfer of Property Act (IV of 1882), Ss. 105, 106-B(j) & 116-Sub-lessee-Ejectment-Plaintiffs in occu­pation of tharas with permission of lessees, such lessees holding under previous management of waqf on year to year basis-Auqaf department when established receiving rents from plaintiffs and describing them in their notices as kirayadars-Held : Plaintiffs could not in circumstances be held to have unauthorisedly entered upon tharas within meaning of S. 6-A so as to enable respondent to throw them out summarily-No breach of conditions of lease or tenancy having been alleged, S. 6-B also not applicable-Plaintiffs entitled to continue as sub-lessees until evicted in due course of law. Sh. Ghias Muhammad, Senior Advocate Supreme Court instructed by Noor Ahmad Noori, Advocate-on-Record for Appellants. Raja Said Akbar, Advocate Supreme Court instructed by Rana Maqbool Ahmad Qadri, Advocate-on-Record for Respondent No. 1. Respondents Nos. 2 to 4. 1 Ex parte. Dates of hearing : 21st and 24th May 1976. JUDGMENT SALAHUDDIN AHMED, J.-The appeal by special leave of this Court is from an order of a learned Single Judge of the Lahore High Court, Bahawalpur Circuit, dismissing the Second Appeal preferred by the appellants. 2. The appellants claim to be the tenants in respect of various tharas (platforms) which belong to certain Waqf Properties attached to Musjidul Saadia, situated in Chowk Bazar, Bahawalpur. They constructed khokhas (temporary structures) on them, and have been carrying on business of sale of cloth etc. there long before the waqf property was taken over by the Chief Administrator of Auqaf (respondent No. 1 herein) under the provi­sions of West Pakistan Waqf Properties Ordinance, 1961 (hereinafter referred to as the Ordinance). The appellants originally paid rents for the tharas to the then management of the Mosque, and since the waqf property -had been taken over, they paid rents to the Auqaf Department. The waqf property was taken over sometime in the year 1965. 3. On the 12th January, 1966, the Manager, Auqaf Department, issued ,notices to the appellants and…

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