Case Details

Citation(s)
1998 SLG 3003 1998 SLD 3003 = 1998 MLD 2086
Supreme Court (AJ&K)
Civil Appeal No.20 of 1993, decided on 27ih June, 1993. (On appeal from the judgment and decree of the High Court dated 20-1-1993 in Civil Appeal No.47 of 1992).
Presented By: Sardar Muhammad Ashraf Khan and Basharat Ahmad Shaikh, JJ
Raja Lehrasap Khan, Advocate for Appellant. Muhammad Riaz Alam and Nazir Ahmad Ghauri, Advocates or
Respondents.

ADMINISTRATOR OF AUQAF, DEPARTMENT OF AUQAF, AZAD JAMMU AND KASHMIR, MUZAFFARABAD---Appellant

VERSUS

GHULAM ABBAS and 19 others---Respondents

Law:

Section:

(a) Azad Jammu and Kashmir Waqf Properties Act, 1960---   ----S.6---Provision of S.6 does not admit of narrow construction---One Notification under S.6 was issued taking over the administration, control, management etc. of a shrine alongwith the properties attached with the shrine specified in the Notification as well as offerings and Nazranas---Such Notification contained survey numbers of the land as well the villages in which the land was situated but it was not separately shown in the notification as to where a particular survey number was located, however, notification showed the total measurement of land in the respective villages---Buildings meant for "Langer" and residential purposes were also included in the land---Validity of Notification---Held, word "property" being a wide word is also used to denote not only one but more than one items of landed estates---Single Notification showing lands, buildings, offerings etc. belonging to shrine, was correctly issued for taking over the property attached with shrine---Separate notification of each item of property attached with a particular shrine was not necessary.   Abdul Majid and others v.The Chief Administrator, of Auqaf PLD 1972 Lah. 66 distinguished.   Karam Hussain v. Administrator, Auqaf Civil Appeal No. 9 of 1989 ref.   (b) Words and phrases---   ---- "Property"---Meaning.   Raja Lehrasap Khan, Advocate for Appellant.   Muhammad Riaz Alam and Nazir Ahmad Ghauri, Advocates or Respondents.   Date of hearing: 22nd June, 1993.   JUDGMENT   BASHARAT AHMAD SHAIKH, J.---The High Court has accepted an appeal filed by respondents, Ghulam Abbas and others, under section 8 of the Azad Jammu and Kashmir Waqf Properties Act of 1960 and, after setting aside the judgment of the District Court Mirpur, has held in the order under appeal that the notification issued by the Administrator of Auqaf, the appellant herein, for taking over administration of a shrine known as Khanqah Sharif Bani Sain was partly invalid and therefore inoperative. Hence this appeal with leave of the Court.   Administrator of Auqaf issued a notification on…
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