Case Details

Citation(s)
1995 SLG 1104 1995 SLD 1104 1995 CLC 1173
Lahore High Court
First Appeal from Order No. 152 of 1991, decision dated:16-03-1995
IHSAN-UL-HAQ CHAUDHRY, J
Raja Dilshad A. Khan and Riaz Kiani for Appellant. Haji M. Ashraf Butt. and Mian Sarfraz-ul-Hasan for
Respondent No. 1. Mahfooz-ul-Haq Khan for the Remaining
Respondents

AUQAF DEPARTMENT

VS

JAVED SHUJA and others

Law:

Section:

(a) Punjab Waqf Properties Ordinance (IV of 1979)-------S. 11---Registration Act (XVI of 1908), S. 17---Creation of Waqf in respect of property by the owner and registration of Waqfnama in the lifetime of owner---Applicant claiming to be the son of Waqif challenging such Waqfnama as a forged and fake document---Onus to prove that Waqfnama was forged and fake was on applicant who failed to produce such document either in original or certified copy thereof---Applicant also did not produce marginal witnesses of such document in proof of plea that document in question was forged or fake---Handwriting Expert was not produced either to prove that signatures on document in question did not tally with the admitted signatures of Waqif on her identity card or any other admitted signatures---Applicant failed to produce even an iota of evidence in proof of his plea that document in question was forged and fake---Document in question being registered one would be deemed to be genuine for lack of proof to the contrary. Pervaiz Afzal v. Hassan Ali 1992 CLC 1043; Arif Baig v. Mubarik Ali PLD 1992 Lah. 366; Allah Dad v. S.M. Khan 1989 CLC 2287; Abdul Rahman v. Abdul Shakoor 1984 MLD 1140; Muhammad Yousaf Iqbal Ahmed v. Fourth Sindh Labour Court PLD 1977 Kar. 711; Muhammadan Law by D.F. Mulla; Khan Muhammad Yusuf Khan Khattak v. S.M. Ayub etc. PLD 1973 SC 160; Sikandar Hayat v. Fazal Karim PLD 1971 SC 730; Muhammad Ramzan v. Province of Punjab 1989 MLD 3676; Mehrai v. Noor Bhari PLD 1978 Lah. 771; Muhammad Sher v. Muhammad Azim PLD 1977 Lah. 729; Chief Administrator of Auqaf, Sind V. Ibrahim Shah PLD 1975 Kar. 964; Gannamaneedi Madhavayya v. Gannamaneedi Achamma PLD 1949 PC 80; Mst. Sobia Hanif v. Collector, Lahore District, and 5 others 1993 CLC 2073; Ghulam Fatima v. Chief Administrator of Auqaf, Punjab and another 1993 CLC 692; The Province of East Pakistan v. Major Nawab Khawaja Hasan Askary and others PLD 1971 SC 82; Zahoor Ali v. Haji Abdul Sattar 1987 CLC 2337; Mst. Aisal Mai v. Allah Ditta 1991 CLC Note 246 at p. 191; Sughran Begum v. Qadir Begum PLD 1986 Quetta 232; Mansoor E. Khan v. Sophia Mansoor Khan 1987 MLD 737; Muhammad Anwar v. Muhammad Iqbal 1984 CLC 103;…
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