Law:

Section:

West Pakistan Waqf Properties Ordinance (XXVIII of 1961)--S.7---Entries in mutation---Importance--- Descendants of the Saint had made positive claim in pleadings and one of the descendants had very categorically stated in his deposition that constructions raised on the land were raised by the descendants of Saint on different occasions---Only land but not the structure thereupon was Waqf in circumstances. Ghulam Rasool v. Chief Administrator of Auqaf, West Pakistan PLD 1971 SC 376 ref. JUDGMENT SAJJAD ALI SHAH, J.---This appeal with leave of the Court is directed against judgment dated 21-4-1990 of Lahore High Court, Bahawalpur Bench, whereby FA.O. No.15-85/BWP is disposed of partly allowing with declaration that property bearing Khasra Nos.8 of 7/9 is not Waqf Property and further dismissing appeal with that modification. 2. Briefly stated that relevant facts giving rise to this appeal are that appellant herein assumed the administration, control and management of Shrine of Hazrat Khawaja Nur Muhammad situated in Mauza Chishtian Sharif, District Bahawalnagar and "property attached thereto" as described below:-- "(1) An area of 29 Kanals and 13 Marlas bearing Khasra No.6/12/23 and 24 Alf and 7/9, 3, 4, Alf and 8 situated in Revenue Estate of Chishtian Sharif, District Bahawalnagar containing the said shrine, graveyard, Sarai Sadiq, 6 Hujras, Masjid with one Hujra and well-Darbar Wala. (2) Income from the Box placed at the shrine and offerings and subscriptions made thereto. (3) Credit balance, silver, gold, etc., deposited in the Bank." 3. Notification dated 17-6-1976 whereby the shrine and property mentioned above were taken over as Waqf Property was challenged under section 7 of the West Pakistan Waqf Properties Ordinance, 1961 in the Court of learned District Judge, Bahawalnagar by respondents herein on the grounds that properties attached with shrine and taken over were not Waqf but personal properties of respondents, who claimed to be descendants of Ala Hazrat Qibla Alam Khawaja Noor Muhammad Mahrvi, who died in 1875 A.D. (to be referred after as the Saint) leaving behind three sons. The three sons of the Saint purchased two Bighas of land from Khan…

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