Law: Constitution of Pakistan, 1973

Section:

Summary

The revision petition was filed by the petitioners against concurrent judgments of the civil courts whereby their suit for declaration and permanent injunction was dismissed. The petitioners claimed that the suit land was government property allotted strictly for mosque purposes and that respondent No.1 had unlawfully constructed commercial shops on it. The High Court found that the allotment letter expressly restricted the use of the land exclusively for a mosque and prohibited any conversion of purpose. The respondent failed to prove any lawful authority permitting commercial use. The Courts below were held to have misapplied the law and ignored material evidence. Consequently, the revision was allowed, the impugned judgments were set aside, and respondent No.1 was permanently restrained from using the land for any purpose other than a mosque.

Tag Line

Land allotted for mosque purposes cannot be converted into commercial use—Allotment terms are binding and enforceable in public trust property.

ORDER;