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

Section: 2(d)

West Pakistan Wakf Properties Ordinance (XXI of 1959)------   ------S. 2(d)-Waqf, what comprises-Tauliyat-Mutwalli and Sajjada- nashin-Takia; Astana; khankah; and rouzah or dargah --Connotation of terms-Maintenance of khankahs-Valid object of waqf-Property dedicated as waqf--Does not cease to be so merely because income of such property has for long been appropriated by mutwalli or Sajjada-nashin himself.   Dates of hearing: 27th April, 11th May, 23rd November, 7th December 1964, 15th March and 5th April 1965.     JUDGMENT   By Notification No. 3(481)-Auqaf-60-1, dated the 30th of January 1961, the Chief Administrator of Auqaf, West Pakistan (respondent), in exercise of the powers conferred on him by section 6 of the West Pakistan Waqf Properties Ordinance, 1959, took over and assumed administrative control, management and maintenance of the wakf properties attached to the shrine of Hazrat Pir Abdul Qadir Jeelani Sahib, Mauza Pirkot, Tehsil and District Jhang, as per Schedule appended to the said Notification. The Schedule comprises an area of 8 kanals 14 marlas containing the said shrine, a Masjid, two kacha and one pacca houses and graveyard, income from the cash box placed at the shrine and offerings and subscriptions made to the said shrine, agricultural land measuring 122 acres, 4 kanals and 18 marlas and credit balance of the income of the said shrine and waqf properties attached thereto, lying with the Mutawalli. The details of the agricultural land situate in Mauza Fatehpur, Tehsil Khanpur, taken over as waqf property appear in the Notification itself and need not be repeated. The appellant Pir Aftab Ahmad Shah, son of Pir Muhammad Afzal Shah, brought an application under section 7(a) of the Waqf Properties Ordinance (XXI of 1959) for a declaration to the effect that agricultural land taken over by the respondent was not waqf property. The basis of the claim was that as per agreement dated the 11th of December 1936, one Muhammad Bakhsh, son of Ismail, of village Fatehpur, Tehsil Khanpur, had gifted one-half share in Khatas Nos. 1, 3, 219, 220, 221, 223, 224, 225, 1415 144, 226, 155, 156, 259, 217, 285, 297, 298, 107, 301, 286,…