Law:

Section:

(a) Punjab Waqf Properties Ordinance (IV of 1979)--Preamble---Constitution of Pakistan (1973), Art. 185(3)---Power of Mutawalli to lease Waqf properties---Leave to appeal was granted by Supreme Court to consider as to whether lease in respect of Waqf property in favour of predecessor-in-interest of petitioner created by Mutawalli in terms of the order of District Judge, dated 20-4-1938 enured for the benefit of the petitioner; whether the Mutawalli was under legal obligation to obtain prior permission of the Court executing each lease agreement for 99 years and whether the suit instituted by the Auqaf Department was barred by limitation. (b) Punjab Waqf Properties Ordinance (IV of 1979)--- ----Ss. 7 & 6---Lease of Waqf property by Mutawalli with permission of Court before legislation of law on Waqf properties---Validity---Lease hold rights for 99 years remained unaffected even under the legislation enacted for taking over management and control of Waqf properties---Finality of contractual rights could main undisturbed if these were valid and/or legally obtained from Mutawalli or Waqf. (c) Civil Procedure Code (V of 1908)--- ----S. 11---Res judicata, principle of---Applicability---No finding having been recorded by Court on a particular aspect of the matter and point was left open for decision in fresh proceedings, principles of res judicata would not be applicable to such matters. JUDGMENT Ch. MUHAMMAD ARIF, J.---This appeal with leave of the Court is directed against judgment, dated 26-5-1993 passed by a learned Judge in Chambers of the Lahore High Court Lahore, whereby appellant Mst. Iram Cheema's Civil Revision No. 159-D of 1988 was dismissed. 2. Leave Grant Order, dated 8-12-1993 reads thus:----- "After hearing learned counsel for petitioner and Ch. Khurshid Ahmed Advocate, learned counsel for the respondent, we grant leave to appeal in this case to consider inter alias-- (1) Whether the lease in respect of the property in dispute, in favour of the predecessor-in-interest of the petitioner created by the Mutwalli, in terms of the order of the Additional District Judge, Lahore dated, 20-4-1938, enured for the benefit of the petitioner; (2) Whether the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492