| Citation(s) |
|---|
| 2025 SLG 3703 2025 SLD 3703 = 2025 SHC 2013 = 2026 MLD 880 |
Misc. Appeal No.36 of 1991 Misc. Appeal No.37 of 1991 Misc. Appeal No.38 of 1991
Muhammad Faisal Kamal Alam, J
Through Mr. Ravi Kumar and Parshant Kumar, Advocates. Through M/s. Khalid Javed, Munawar-uz-Zaman Juna and Yousuf Makda, Advocates.
[Khalifo Haji Muhammad Hanif since deceased through his legal representatives Mst. Dhanyani and others
VS
. Chief Administrator Auqaf Sindh, at Hyderabad] [Khalifo Haji Muhammad Hanif since deceased through his legal representatives Mst. Dhanyani and others Vs. Chief Administrator Auqaf Sindh, at Hyderabad] [Khalifo Haji Muhammad Hanif (Appellant No.1) since deceased through his legal representatives Mst. Dhanyani and nine others and Appellants No.2 and four others Vs. Chief Administrator Auqaf Sindh, at Hyderabad]
Law: Sindh Waqf Properties Ordinance, 1979
Section: 6,7
Law: Qanun-e-Shahadat Order, 1984
Section: 129
Summary:
The judgment deals with miscellaneous appeals filed against the notifications issued by the Chief Administrator Auqaf, Sindh, claiming takeover and administration of certain properties, including Dargahs, agricultural land, shops, and structures by the Waqf Department under the Sind Waqf Properties Ordinance, 1961 and 1979. The appellants, descendants of Khalifo Haji Muhammad Hanif, contested the notifications, specifically regarding properties they claimed as personal and agricultural land which were disputed to be Waqf properties. The court analyzed documentary and testimonial evidence to determine which properties truly constituted Waqf properties and which did not. It held that religious properties like Dargahs, Mosques, Graveyards are Waqf properties and not disputed by appellants now. Agricultural lands and some structures like Musafarkhanas and shops, especially where ownership or entitlement was established or reasonable, were held not to be Waqf properties and the notifications taking them over were held illegal and void to that extent. Consequently, those properties were ordered to be handed back to appellants. Other appeals relating to confirmed Waqf properties were dismissed.
Core Points:
- The appeals challenge notifications by Auqaf Sindh taking over various properties under the Sind Waqf Properties Ordinance, 1961 and 1979.
- Some properties (Dargahs, Mosques, Graveyards, Wazoo Khana) are conceded by appellants to be Waqf property and were not contested.
- Agricultural lands and commercial properties (shops, Musafarkhanas, rice mill) claimed by appellants as personal property were disputed.
- Evidence, including revenue records, witness testimonies, and official permits, was scrutinized to determine ownership and Waqf status.
- Court held the burden is on appellants to prove property is not Waqf under relevant law.
- Court found some lands and shops were government lands or part of the Waqf but Musafarkhanas and certain shops clearly belonged to appellants.
- Notifications attempting to take over those non-Waqf properties were declared illegal and set aside.
- Miscellaneous Appeal No.38 of 1991 partially allowed (return of Musafarkhanas and shops to appellants).
- Miscellaneous Appeals No.36 and 37 of 1991 dismissed (regarding properties held to be Waqf).
- The ruling refers to key precedent cases such as Chief Administrator of Auqaf vs. Muhammad Ramzan (PLD 1991 SC 102).
Law & Sections:
| Law/Ordinance | Section(s) | Description |
|---|---|---|
| Sind Waqf Properties Ordinance, 1961 | Section 6 | Powers of Chief Administrator to take over and manage Waqf property |
| Sind Waqf Properties Ordinance, 1979 | Section 7 (Sub-Section 1) | Powers to assume control, administration, and management of Waqf property |
| Qanun-e-Shahadat Order (1984) | Article 129 | Best Evidence Rule |
| Relevant Case Law | - | Burden of proof on claimant to prove property is not Waqf property (Ramzan case) |
J U D G M E N T