Law:

Section:

West Pakistan Waqf Properties Ordinances (XXI of 1959)---- S. 7 read with Limitation Act (IX of 1908), Ss. 5 & 29 (2)-Limi­tation-Condonation of delay-Section 5, Limitation Act, 1908-Held, not applicable to petitions under S. 7, West Pakistan Waqf Properties Ordinance, 1959-District Courts cannot condone delay in respect of application filed under S. 7 of Ordinance XXI of 1959[Condonation of delay] JUDGMENT FAZLE-AKBAR, J.-This appeal, by special leave raises the question whether section 5 of the Limitation Act is applicable to a petition under section 7 of the west Pakistan Waqf Properties Ordinance, 1959. This question arises under the following circumstances. 2. Under Notification No. 3 (81)-Auqaf/60, dated 1st June, 1960 the Chief Administrator, Auqaf, West Pakistan in exercise of the power conferred on him under section 6 of the West Pakistan Waqf Properties Ordinance, 1959, took over possession on 11th June, 1960 of land measuring 27 kanals 19 marlas bearing Chak No. 120,/9-L (Ramit),. Tehsil and District Montgomery, as Waqf Properties attached to the shrine of Hazrat Khawaja Muhammad Pariah Sahib. On 12th July, 1960, the appellant filed an application under section 7 of the said Ordinance of 1959 in the District Court of Montgomery for declara­tion that the said land did not appertain -to the shrine of Hazrat Khawaja Muhammad Pariah Sahib. Under the said section 7 the period of limitation for filing an application against a notification issued under section 6 is 30 days from the date of publication of such a notification. The appellant's plea was that a copy of the official Gazette containing the aforesaid notification was not received in his village and hence he had no means of knowing of assumption of his private property as dargah property. The District Judge who heard the petition being of the opinion that section 5 of the Limitation Act was not applicable to a petition filed under the Ordinance, dismissed the petition as time-barred and his order was upheld on appeal by the High Court. 3. The learned counsel has found it difficult to contend that section S of the Limitation Act would apply to a petition under section 7 of the Ordi­nance. There…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492