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

Section: 7

Law: Constitution of Pakistan, 1973

Section: 185

(a) West Pakistan Land Reforms Regulation, 1959 [M.L.R. 64]-----Para. 10 Any determination by the Land Commission in respect of status of a claimant as an heir of the donor is not final and binding on the Civil Court Land Commission, therefore, is not competent t conclusively determine question of true interpretation of the terms of deed of Waqf so as to decide the right of a claimant as a beneficiary under a private Waqf. Mst. Hamida Begum v. Mst. Murad Begum and others PLD 1975 SC 624 ref. (b) West Pakistan Land Reforms Regulation, 1959 [M.L.R. 64] Paras. 10 & 9 West Pakistan Waqf Properties Ordinance (XXVIII of 1961), Ss. 7 & 8 Waqf alal a ulad Powers of Land Commission under para.10 detailed. The donor had created a Waqf alal aulad. The only question was whether under the terms thereof the respondents were entitled to a beneficial interest as descendants of the donor in terms of the Waqf deed and whether the Waqf had ceased to be operative as a Waqf alal aulad. The power of the Land Commission under paragraph 10(2) of the West Pakistan Land Reforms Regulation, 1959 [M.L.R. 64] was restricted to appropriation of the land comprising such a Waqf in the manner prescribed therein, as a consequence of the abolition of the Waqfs of such nature by sub paragraph (1) of paragraph 10. Upon reading of the provisions of paragraph 10 there is no provision extending adjudicative power to the Commission to determine disputed questions of title and rights of individuals, except so far as the implementation of the Regulation is concerned. Thus, the Land Commission would be competent to determine jurisdictional facts for the limited purpose of implementation of the Regulation but such determination cannot be conclusive and binding on a Civil Court of general jurisdiction seized of a matter in the lawful exercise of its jurisdiction. Certainly the Land Commission cannot suo motu raise such a question whether the Waqf claimed as a Waqf alal aulad was in reality a public Waqf. The simple reason is that the Regulation makes no provision for the Land Commission for administering public Waqfs as a necessary ingredient of the implementation of the Regulation. On the contrary…

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