Law: West Pakistan Waqf Properties Ordinance, (XXVIII of 1961)

Section: 13, 2(d)

West Pakistan Waqf Properties Ordinance (XXVIII of 1961) S. 13 read with S. 2(d), Explanation IV and West Pakistan Waqf Properties (Punjab Amendment) Ordinance (XVI of 1971)-Provision of S. 13 applies only to a property treated as Waqf and used as such income from offerings in boxes kept at shrine claimed and treated by mujawars as personal property as heritable and alienable-Held, such property cannot be taken to have been used as Waqf property prior to its inclusion in definition of Waqf property-Neither any declaration can be granted under Amending Ordinance of 1971, regarding share in respect of income, offerings, subscriptions or collection in boxes nor about right of mujawars, to perform services or ceremonies (rasoomat). Sh. Inayat Ullah and others v. M. A. Khan and others P L D 1964 S C 126; Pir Rashidud Daula and 3 others v. Chef Administrator of Auqaf P L D 1971 S C 401 and Haji Ghulam Rasool and others v. Chief Administrator of West Pakistan P L D 1971 S C 376 ref. Dates of hearing : 29th and 30th September, 1979.                                                                                                                           JUDGMENT AFTAB HUSSAIN, J.-This order will dispose of L. P. As. Nos. 253; 70, 254/70 and 255/70. All these appeals arise out of a consolidated order passed by a learned Single Judge on the 21st of: September, 1970 in F. A. O. No. 47 of 1962. 2. On 16-4-1960 Notification No. 4025-Auqaf-60 of even date was published in the Extraordinary issue of the Gazette of West Pakistan by which in exercise of the powers conferred on the Chief Administrator of Auqaf by section 6 of the West Pakistan Waqf Properties Ordinance, he took over and assumed the administration, control, management and maintenance of the Waqf properties attached to the Darbar of Hazrat Imam Sahib of Sialkot City "as described in the schedule annexed…