| Citation(s) |
|---|
| 1987 SLG 845 1987 SLD 845 1987 PLD 60 |
Supreme Court of Pakistan
Civil Appeal No. 71 of 1976, decision dated: 8-12-1986.
MUHAMMAD HALEEM, C.J., ASLAM RIAZ HUSSAIN,SHAFIUR RAHMAN AND ZAJJAR HUSAIN MIRZA, JJ
Ch. Khurshid Ahmed, Senior Advocate Supreme Court, Talib H. Rizvi,Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Appellants.Zaki-ud-Din Pal, Senior Advocate Supreme Court and M. A. Qadri Advocate-on-Record (absent).
Civil Appeal No. 71 of 1976, decision dated: 8-12-1986.
MUHAMMAD HALEEM, C.J., ASLAM RIAZ HUSSAIN,SHAFIUR RAHMAN AND ZAJJAR HUSAIN MIRZA, JJ
Ch. Khurshid Ahmed, Senior Advocate Supreme Court, Talib H. Rizvi,Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record for Appellants.Zaki-ud-Din Pal, Senior Advocate Supreme Court and M. A. Qadri Advocate-on-Record (absent).
FAQIR MUHAMMAD KHURSHID AND othersvsCHIEF ADMINISTRATOR OF AUQAF
Law:
Section:
(a) Constitution of Pakistan (1973)--- Art. 185(3)-Leave to appeal granted to re-examine voluminous documentary evidence ranging from the year 1856 to resolve conflicting views of Single -fudge of High Court and its Letters Patent Bench on important questions of law. (h) Custom (Punjab)- -- Applicability - Religious institutions - Custom and usages of particular religious institution - Succession -Wakf-AlienationDedication by user-Mode of succession to personal property as distinguished from Khankah property held ex officio by Sajjadanashin-Control over property by Sajjada Nashin as compared to Mutawalli, distinction-Whether property which is personal, loses its character as such, merely because its succession is from Guru to Chela, from one Sajjadanashin to another ignoring natural heirs. Grants made by the ruler were not shown to be by way of dedication. On the other hand, the numerous such grants made by him clearly gave the impression that the object of these grants was secular, an act of good administration and management of affairs of State. The immediate object was to rehabilitate a ravaged population, to develop, improve and make cultivable and productive the lands lying fallow and barren; (ii) the succeeding Chelas and Gaddinashins tied the property with the Khankah; (iii) the property devolved on the succeeding Chelas excluding the natural legal heirs of the Gaddinashin Chela; (iv) the Khankah being a religious institution, the Gaddi being a religious office, the property being attached to the Khankah and devolving on the succeeding Gaddinashin Chela, excluding the natural legal heir, continuously without exception or exclusion for about three hundred years dedication by user was fully established; (v) the mode of succession to the personal property was distinctly different from that of a Khankah property held ex officio; (vi) the dominion and control over the property exercised by Sajjadanashins was greater than that of a Mutawalli and it was consistent with the office of Sajjadanashin. The Customary Law prevalent in the Punjab and governing religious institutions and Waqf properties enjoined that "the members of such institutions are governed…
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