Law: West Pakistan Land Reforms Regulation, 1959

Section: 10

Law: Mussalman Wakf Validating Act, 1913

Section: 3(a), 4

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

Section: 6

(a) West Pakistan Land Reforms Regulation, 1959 [M. L. R. 64] Para. 10 - Waqf, cessation of - Property covered as Waqf by Mussalman Waqf Validating Act (VI of 1913)--Ceased to form part of such Waqf from 3-3-1959, date of enforcement of M. L. R. 64 of 1959. (b) Mussalman Waqf Validating Act (VI of 1913)  History of legislation stated. Abdul Fata Mahomed v. Razamaya I L R 22 Cal. 619; Mutu Ramanandan v. Vavalevvai Marakayar (1917) 44 I A 21 and Mahomed Ahsanullah v. Amar chand Kundu (1889) 17 Cal. 498 ref. (c) Mussalman Waqf Validating Act (VI of 1913) Ss. 3(a) & 4-Applicability-Section 3(a) cannot apply to Waqfs partly charitable and partly private---Waqfs originally designed to serve only one purpose, viz., private, alone intended-Section thus validated Waqfs primarily and wholly meant for supporting and ,maintaining family, children, or descendants of Waqif. Section 3(a) of Act VI of 1913 cannot apply to Waqfs which sub-serve ,partly charitable and partly private, but must apply to Waqfs originally ,designed to serve one purpose only and that is private. For the maintenance support wholly or partially of his family children or descendants, describes ,two possible sources of Waqf, the first one being sufficiently large to maintain family completely and the second one being insufficiently large for this purpose. That this must be the meaning of the verse seems to be clear from the use of word `ultimate' in this proviso:-Provided that the ultimate benefit is in such cases expressly or impliedly reserved for the poor or for any other purpose recognised by the Mussalman Law as religious, pious or -charitable purpose of a permanent character. The existence of this proviso in the section shows, beyond all possibility of dispute, that the Waqfs which the section validates are those which are primarily and wholly for the purpose of supporting and maintaining the family, children or descendants of the .creator of the Waqf. Haji Qadir Murtaza Hussail Sahib v. Muhammad Murtaza Hussain Sahib ,A I R 1943 Mad. 234; Chief Administrator of A;tqaf, West Pakistan, Lahore v. Mir Rashid-ud-Daula and others P L D 1961 Lah. 993 and Rashid-ud-Daula v. Chief…