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

Section: 7

Law: Constitution of Pakistan 1973

Section: 199 & 203

Law: Civil Procedure Code (V of 1908)

Section: 13.f,115

West Pakistan Waqaf Properties Ordinance (XXVIII of 1961)-.S. 7---Constitution of Pakistan (1973), Arts.'199 & 203 --- Civil Procedure Code (V of 1908), S.13.f,_-Cunstitutional petition Assumption of control, administration and management of property in question, as Waqt piupcity by Auqaf Department --- owners' claimed that property in question being not 'Waqf property its administration control and management had been erroneously assumed by Auqaf Department --- Owners' suit was decreed as also in appeal such was confirmed --- Validity --- When property was taken over as Waqf property and notification relating thereto was issued, action -of Auqaf Department could only be challenged through petition to District Judge against notification and not otherwise --- Decrees and s of Courts below were thus, illegal and without jurisdiction --- Constitutional petition being directed against proceedings arising from civil suit, High Court was empowered under Art.203 of the Constitution to correct jurisdictional defects and set aside such s --- High Court had even suo motu jurisdiction to adjudicate vires of s and decrees rendered by Courts below---High Court has ample powers not only under Arts. 199 & 203 of the Constitution but also under S.115, C.P.C. to set aside order, or decree of subordinate Court which was patently without or in excess of jurisdiction --- Courts below having exercised jurisdiction not vested in them, their s and decrees were liable to be set aside--Judgments and decrees , of Courts below were declared to be without jurisdiction, illegal and void in circumstances.Mian Ahmad Ali v- The Rehabilitation Authorit y through the Deputy Rehabilitation Commissioner, Sargqdha PLD 1964 SC 229; Syed Muhammad Alam v. Syed Mehdi Hussain and -2 utnK-,, s jrLD 197U Lah. 6; The Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and' uthurs PLD 1975 SC 331; Ahmad Khan Y. Member (Consolidation), Board of Revenue, Punjab, Lahore and others FLD 1990 SC 1070; Chief Adinnistrator of Auqaf v, Muhammad Ramzan and others PLD 1991 SC 102; Syed Muhammad Ali bhah tsokhari v. iho Chief Administrator of Auqaf, runjab, Lahore and 3 others 1972 SCMR 297;…