| Citation(s) |
|---|
| 1966 SLG 4910 = 1966 SLD 4910 = 1966 PLD 41 |
West Pakistan
Revision No. 322 of 1958-59, decided on 7th November 1959.
Presented By: I. U. Khan
Khawaja Abdur Rahim for Petitioners Nos. 1 and 2. Ghulam Ali Memon for Petitioners Nos. 3, 4 and 5. N. K. Chandnani for Petitioner No. 6.
Revision No. 322 of 1958-59, decided on 7th November 1959.
Presented By: I. U. Khan
Khawaja Abdur Rahim for Petitioners Nos. 1 and 2. Ghulam Ali Memon for Petitioners Nos. 3, 4 and 5. N. K. Chandnani for Petitioner No. 6.
Haji ABDUL MAJID-Petitioner
VERSUS
THE STATE-Respondent
Law: West Pakistan Land Reforms Regulation, 1959
Section: 10,15
West Pakistan Land Reforms Regulation, 1959, paras. 10 & 15-Wakf of land-Dedicator appointing his son and daughter in-law to be beneficiaries after his death-Wakf-deed also providing that "in case of extinction of dedicator's lineage, property would be utilized for religious and charitable purposes"-Beneficiaries dying issueless-Land Commissioner's interpretation, that entire property should go to charity--Held, absolutely correct. West Pakistan Land Reforms Regulation, 1959, paras. 10 & 15-Wakf of land-Deed providing inter alia, (a) that after dedicator's death his son would be appropriator of property and (b) that he will "look after and maintain unmarried sisters"-Sisters after getting married, held, cannot claim to be beneficiaries under wakf -Son, held, sole beneficiary and property to be dealt with accordingly. ORDER This order will dispose of the following six revisions:---- Haji Abdul Majid v. State Revision No. 322. Mst. Shahul alias Shah Jahan v. State Revision No. 323. Mst. Tajul Bib! v. State Revision No. 405. Mst. Majul Bibi v. State Revision No. 406. Abdul Nab! v. State Revision No. 407. Abdul Fateh v. State Revision No. 482. These six revisions have been filed against orders, dated the 8th September 1959, passed by the Land Commissioner, Khairpur Division, whereby he held that the property involved in wakf created by Haji Karim Dino Usto in 1916 should go to charity and the property which was the subject-matter of the wakf created by him in 19,0 should be divided among Abdul Nabi, Mst. Tajul Bibi and Mst. Majul Bibi in accordance with the shares as heirs of Haji Karim Dino Usto. PART I This portion of the judgment will relate to the wakf created by Haji Karim Dino Usto in 1916. Haji Karim Dino had two wives namely, Mst. Razul and Mst. Rehmat. He had a son Nur Muhammad and a daughter Mst. Nawab Bibi from "Mst. Razul, a son, Abdul Nabi and two daughters Mst. Majul Bibi and Mst. Tajul Bibi from Mst. Rehmat. Nur Muhammad, his son from Razul died in 1912 leaving behind a son, Mazhar Ali and a daughter Mst. Shahul alias Shah Jahan. In 1916 Haji Karim…