| Citation(s) |
|---|
| 1981 SLG 3128 = 1981 SLD 3128 = 1981 CLC 886 |
Lahore High Court
First Appeal from Original Order No. 99 of 1970, decided on 8th July, 1980.
Presented By: Muhammad Afzal Lone, J
Riaz Kayani for Appellants. Mohammad Tufail for
Respondents.
First Appeal from Original Order No. 99 of 1970, decided on 8th July, 1980.
Presented By: Muhammad Afzal Lone, J
Riaz Kayani for Appellants. Mohammad Tufail for
Respondents.
THE CHIEF ADMINISTRATOR, AUQAF, WEST AKISTAN, LAHORE-Appellant
VERSUS
Sh. MUHAMMAD JAHANGIR AND ANOTHER-Respondents
Law: Civil Procedure Code (V of 1908)
Section: O. XLI, r. 27
Law: Evidence Act, (1 of 1872)
Section: 3, 114, 57
Law: West Pakistan Waqf Properties Ordinance, (XXVIII of 1961)
Section: 2(d)
(a) Civil Procedure Code (V of 1908) O. XLI, r. 27-Appeal-Additional evidence-Appellant not producing documents in trial Court though several opportunities given for mole than four years but subsequently filing certain docu ments in Court along with application for their admission and grant of time for filing more documents-Trial Court allowing only one document to be tendered in evidence and rejecting others-Appel lants moving High Court for permission to produce documents as additional evidence-Unsuccessful party, held, cannot be allowed to fill up omission in his evidence and evidence allowed only when Appellate Court requires it for pronouncing judgment and such requirement one of appellate Court and not of parties to appeal. (b) Evidence Act (1 of 1872) S. 3-Proof of Waqf-Mere description of property as Takia or mere entry of "Waqf Ahl-i-Hanood" in record -of-rights, held, not sufficient proof of Waqf or trust property. Shafiq-ud-Din and others v. Mahboob Elahi and others A I R 1930 Lah. 714 and Deputy Administrator, Evacuee Trust Property v. A. R. Chaudhary 1981 C L C 1006 rel. (c) Words and phrases Takia and Chills-Takia means place where "Dervesh" resides before his pious life and teachings attract notice and Chilla mears place where devotions performed for forty days-Term "Chills", held, not synonymous with "Takia". Sain Maule Shah v. Ghane Shah A I R 1938 P C 202 and 1957 Edn. rel. (d) Evidence Act (I of 1872) S. 114-Presumption-Respondent admitting existence of…