Law:

Section:

(a) Muhammadan Law------ Waqf---Creation .of---No particular form provided------No provision for creating Waqf by testator in particular form exists under Muhammadan Law--­Waqf could be verbal or in writing---If Court felt satisfied in view of the material placed before it that a Waqf was created by the deceased for a valid object, it had no authority to question as to why same was not reduced into writing---If any property had been used as Waqf property from time immemorial, Court of law would be justified in drawing inference that a valid Waqf had been created---When a Court draws such inference it is acting in complete accord with the law---Article 2 of Qanun-e-Shahadat, 1984 had made it clear that a fact could be said to be proved if on the material before the Court a reasonable person would believe that the fact existed. ---Qanun-e-Shahadat (10 of 1984), Art. 2. PLD 1961 (W.P.) Lah. 993 ref. (b) Muhammadan Law--- ---- Waqf------Validity---Waqf created by testator in his life could not be declared invalid if he had not parted with the possession of the property---Mere declaration of endowment was sufficient to treat Waqf valid for all and intents and purposes. Muhammad Yaseen v. Rehmat Illahi AIR 1947 All. 201 ref. JUDGMENT Maulvi Abdul Daim predecessor-in-interest of petitioner No.3 Bibi Khatma died issueless leaving behind his widow being the only sharer. He had immovable property, i.e., a shop situated in Murgha Faqirzai one acre orchard with 4/1-2 ghanta rights of water situated in Murgha Faqirzai and a house. Statedly, he was a religious scholar, therefore, he created a 'waqf' of his immovable property for the benefit of students receiving religious education. As far as the petitioners Nos.l and 2 are concerned, they are statedly brothers of Mst. Khatima. Late Maulvi Daim appointed them in his lifetime as "Wassis". It is stated that after dedicating property to Madrissa and religious students he had been spending the income of his business/land etc. for their benefit. He died towards August, 1995. After his death respondent No. l started claiming share in the property with the connivance of respondent No.2 claiming legal heirs bf Late Maulvi Daim;…

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