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

Section: 6

Keywords: Evidence, Order, Set Aside, Inheritance, Exclusion, Maintenance, Petition, Necessity, Petitioner, Administrator, Management, Time-Barred, Plea, Survey, Notice, Notification, Properties, Property Result: Appeal allowed JUDGMENT FAKHRUDDIN G. EBRAHIM, J.-The Chief Administrator of Auqaf, West Pakistan in exercise of the powers conferred on him by section 6 of the West Pakistan Wakf Properties Ordinance, 1959, took over and assum med the administration, control, management and maintenance of the wakf properties attached to, the shrine of Hazrat Shah Mohammad Maki alias Jiay Shah inside Katcha Fort, Shah Maki Road, Hyderabad City, detailed in the schedule as follows :- "Dargah of Shah Muhammad Makai alios Jiay Shah inside Katcha Fort Masjid, Pir and graveyard with 5 houses, 1 Musafirkhana, 6 karcha shops, 1 water pump, one piece ofand with trees for shade all situated in S. No. 154, of Deh Nareja, Taluka Hyderabad Shah Maki Road, Hyderabad City. Boxes placed at the Dargah and Masjid and offerings and subscriptions made thereto, This notification was published in the Extraordinary Gazette of West Pakistan dated 25th January. 1961. 2. One Din Mohammad filed a petition to the District Court, Hyderabad under section 7 of the West Pakistan Wakf Properties Ordi nance, 1959. This Petition was filed on 6th March 1961. The Additional District Judge by his order dated 27th February 1965 partly allowed this Petition inasmuch as he held that five houses situated on Survey No. 154 did not form part of a public wakf and that in so far as the graveyard within the fort was concerned, the petitioner, his family and his descendants had burial privilege to the exclusion of others. Both the Chief Adminis trator of Auqaf and the Petitioner filed separate appeals under section 8 of the said Ordinance, and these were numbered respectively 53 of 1965 and 11I of 1965. In so far as the latter appeal of Din Mohd. Is con cerned the same was dismissed by this Court on 10th November, 1969 as having abated. 3. Mr. Ajmal Mian, the learned counsel for the appellant in M. A. 53 of 1965 made two submissions. His first contention was that the learned Additional District Judge entertained a…

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