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

Section:

West Pakistan Waqf Properties Ordinance (XXVIII of 1961) S. 7-Waqf property-Declaration-Respondents [occupying disput ed property as an open plot unauthorisedly, putting up constructions without obtaining permission from Municipality, getting constructions assessed for rating purposes as an independent property and paying property tax-Municipality also assessing respondents for payment in respect of such property as an independent property-Respondents, making out plausible case for property not being Waqf property- Burden of proof, in circumstances, held, shifted to appellant Waqf Administration to show property as Waqf-Appellants failing to discharge such burden, property held, not Waqf property. Buseid and others v. Newaj Ahmed Khan A I R 1929 Cal. 533 and Said Maher Husein v. Haji Alimahomed Jalaluddin and others A I R 1934 Bom. 257 distinguished. Date of hearing : 27th March 1975.                                                                                                                     JUDGMENT This is an appeal under section 8 of the West Pakistan Waqf Properties Ordinance, 1961 against the judgment of the District Judge, Karachi dated 26-1-1973, granting the respondents' petition under section 7 of the said Ordinance and declaring that a certain property is not Waqf property. 2. By Notification No. 5(2)-Auqaf/67 dated 14th March 1968, Chief Administrator of Auqaf, West Pakistan, took over and assumed the administration, control, management and maintenance of the Waqf property, known as Dargah Muhammad Shah Doola Sabzwari Kundiwala, near Jaffar Faddu Tower, Harris Road, Karachi, and the properties attached thereto mentioned in the Schedule to the Notification. The Schedule reads as under : - "SCHEDULE 1. Waqf property (Masjid) for the Muhammadan Community presently known as Dargah Muhammad Shah Doola Sabzwari Kundiwala constructed the plots of land…