Law: Sindh Waqf Properties Ordinance, 1979

Section: 15

(a) Sindh Waqf Properties Act (XXVII of 2020)--- ----S. 3(f)---Muslim Waqf---Object, purpose and scope---Once Waqif creates Waqf, it gets tied up forever and becomes non-transferable---Main objective behind creating Waqf is that its usufruct is made available for purposes that are valid under Muslim Law---For creating a Waqf, there are certain essentials that need to be followed:- (i) Waqf should be for religious, pious, and/or charitable purposes; (ii) It should be of permanent nature, i.e., absolute, irrevocable, non-transferable, and unconditional and (iii) Once Waqf is created, ownership vests in the name of Almighty Allah, i.e., detention of thing, is implied ownership of the Almighty---Usufruct that is obtained from Waqf property is for the benefit of mankind---Waqf cannot be created by every person---There are only certain people who can create a Waqf---It can be created by a major person, with no fraud, undue influence or coercion, or any deadly illness---There are only certain things that can be made, Waqf like the Koran, swords, war camels and horses, shares in companies, and money for loans to the poor---Waqf, under Muslim Law, is created by Waqif orally or in writing and then Almighty Allah becomes the owner of the property, which is irrevocable and later cannot be transferred back---Waqf can only be of those objects that are considered valid under Muslim law. (b) Sindh Rented Premises Ordinance (XVII of 1979)--- ----S. 15---Sindh Waqf Properties Act (XXVII of 2020), Ss.10 & 11---Ejectment of tenant---Concurrent findings of facts by two Courts below---Petitioner / tenant was aggrieved of eviction order passed against him by two Courts below---Plea raised by petitioner / tenant was that demised premises was Waqf property and provisions of Sindh Waqf Properties Act, 2020, were applicable---Validity---Interconnection of landlord and tenant among respondent and petitioner, coupled with unfolding of chronological process and passing of their respective fathers, resulted in manifestation of a statutory tenancy---Conclusions drawn by Revisional Court regarding applicability of Ss. 10 & 11 of Sindh Waqf Properties Act, 2020, were valid in instances where…

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