Law:

Section:

Punjab Waqf Properties Ordinance (IV of 1979)--Ss. 21 , 8 & 9---Civil Procedure Code (V of 1908) O.XXIX, Rr. 1 & 2--­Eviction of person wrongfully in possession of Waqf property---Termination of lease---Application for temporary injunction---Maintainability---No order of prohibiting nature or in the form of injunction against the Auqaf Department could be issued by the Civil Court in respect of any proceedings or acts performed under Punjab Waqf Properties Ordinance, 1979. The provisions of section 21 of the Punjab Waqf Properties Ordinance are clear and unambiguous on the point that no order of prohibitory nature or in the forth of injunction against the Auqaf Department could be issued by the Civil Court in respect of any proceedings or acts performed under the said Ordinance. Sections 8 and 9 of the Ordinance are clear on the question that the matters relating to leases, etc., were covered under the said Ordinance, therefore, the Civil Court's jurisdiction was ousted to pass interim order in the nature of temporary injunction against the petitioner. Civil Court was not vested with the jurisdiction to pass order in the nature of temporary injunction in view of bar contained in section 21 of the Ordinance. Muhammad Din and 3 others v. Administrator-General of Auqaf, Pakistan, Islamabad and 2 others 1979 CLC 551 and Chief Administrator of Auqaf, Punjab v. Allah Ditta and another 1990 CLC 821 ref. Mushtaq Raj, Advocate Supreme Court and Raja Muhammad Arif, Legal Advisor for Petitioners. Saleem Shehnazi, Advocate Supreme Court and Salah-ud-Din, Advocate-on-Record for Respondents. Date of hearing: 3rd December, 1998. JUDGMENT MUNIR A. SHEIKH, J.---Leave to appeal is sought against the judgment, dated 22-9-1998 of the Lahore High Court through which Revision Petition No. 1425 of 1998 filed by the petitioners against the order dated 23-7-1998 of the learned Additional District Judge accepting the appeal of respondent No. l against the order dated 24-6-1998 passed by the trial Court rejecting his application has been dismissed and the order of temporary injunction passed in appeal by the learned Additional District Judge has been maintained. 2. Respondent No.…

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