Law:

Section:

West Pakistan Waqf Properties Ordinance (XXVIII of 1961) -- Ss2(d.), Explanation & 7-Waqf-Declaration-Sizeable Portion of the land alleged to be personal property of -Petitioner in use from time immemorial for a purpose recognized by Islam as a religious, pious or charitable petition containing admission of shrine comprising, mausoleum and other building surrounding it having come into being its reign of a Mughal Emperor Shrine and appurtenant building admittedly standing on disputed land Provincial Government having made formal grant of land already Waqf and property remaining in neglected condition, take over by Auqaf Department not unjustified -Petitioner having no personal interest under S. 7, held not maintainable. ORDER SALAHUDDIN AHMED, J. The -Petitioner has become aggrieved by the order of a learned Single Judge of the Lahore High Court dismissing the former's appeal from the order of the learned District Judge, Lahore. The learned District Judge bad dismissed the -Petitioner's application under section 7 of the West Pakistan Waqf properties Ordinance, 1959, for a declaration that a part of the property covered by a certain grant was not waqf property. The dispute is over 93 kanals and 1 marla of lend granted to the Shrine of Hazrat Khawaja Khawind Mahmoo situated in village Begumpura close to Bagabanpura in Lahore by a deed of; grant dated the 22nd of August, 1899. The property of the Shrine including the land in dispute was taken over by the Chief Administrator of Auqaf by Notification dated the 13th of February, 1961 issued under section 6, of the West Pakistan Waqf Properties Ordinance, 1959. Mian Abdul Rashid, father of the -Petitioner, who was then the mutwalli of the Shrine filed a petition under section 7 of the Ordinance for a declaration that a part of the property of the Shrine viz. 93 kanals and 1 maral given to the Shrine under the aforesaid Grant by the Petition Government was not waqf property. During the pendency of the petition Mian Abdul Rashid died and his son the -Petitioner was substituted in the place of deceased in the ground that…

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