Law: West Pakistan Waqf Properties Ordinance, (XXI of 1959)

Section: 6

West Pakistan Waqf Properties Ordinance (XXI of 1959), S. 6---Take over of property as waqf---No documentary evidence showing property as ever being in possession of Trust or attached to any shrine after 1917-Shrine although in column of owner in revenue records yet records showing respondent in culti vating possession as bila lagan bawajah bai---Municipal records also showing respondent as owner and as having applied and submitted plans for sanction of construction of disputed house some 45 years back---Property, held, rightly not treated as waqf---Appeal dismissed Date of hearing: 2nd June 1971.   JUDGMENT The appellant issued a Gazette Notification under No. 3/(213) Auqaf-60, dated 22-9-1960 in the Extraordinary Gazette of West Pakistan. By this notification, he directed the taking over of a house bearing property No. S-8-115-S-11, situated at Mohallah Chah Pichwara, Mozang, Lahore and bearing Khasra No. 3435. The action was taken by the Administrator of Auqaf. West Pakistan, Lahore under the West Pakistan Waqf Properties Ordinance, 1959. Aggrieved by this notification. Ilam Din son of Rahim Bakhsh, now respondent, moved the District Judge, Lahore under section 7 of the aforesaid Ordinance alleging that he was the owner of the property which was neither waqf nor was it attached to the Darbar Hazrat Sakhi Abdul Wahab Sabib, Lytton Road, Mozang, Lahore. He challenged the taking over of the property by the appellant and prayed that the notification be set aside and that he be declared as the absolute and full owner of the property. The Chief Administrator of Auqaf resisted the claim and the learned District Judge framed the following two Issues:- (1) Whether the property in dispute is not waqf property? (2) Relief. By his order dated 27-5-1963 he found issue No. 1 in favour of the present respondent and, therefore, granted the declaration prayed for. The Chief Administrator of Auqaf has filed this appeal under section 8 of the West Pakistan Waqf Properties Ordinance (XXVIII) of 1961. The grounds of attack are as follows:- (a) There is no issue of adverse possession. Property belonging to a waqf cannot be adversely possessed. In any case, the present…