Law:

Section:

(a) West Pakistan Waqf Properties Ordinance (XXVIII of 1961)--S.7--Constitution of Pakistan (1973), Art.185(3)--Property, whether Waqf property or not--Petitioner was under obligation to prove that property in dispute was Waqf property but he failed to prove the fact--Petitioner, in petition for leave to appeal contended that High Court erred in law in not permitting petitioner to produce documents to establish dedication or user of property as Waqf property-­High Court had stated in its finding that petitioner had an opportunity to produce documents but he failed to avail the same for four years and as such it was a belated prayer--Petitioner by his own default having failed to substantiate his case, Supreme Court saw ~no reason why he should have been allowed opportunity to do so at that late stage when relevant provision was confined to a situation where documents were required to be produced for the purpose of giving . (b) West Pakistan Waqf Properties Ordinance (XXVIII of 1961)--- ---S.7--Constitution of Pakistan (1973), Art.185(3)--Waqf property--Dispute relating to--Factum of Waqf being disputed, petitioner's counsel was asked by Supreme Court to go himself and verify from the spot whether there: existed a mosque, to` which he had reported after visiting the spot that there was none-­Finding of Courts below received further support that there was no dedication or user of property as Waqf--Conclusion of Courts below rested on consideration of evidence, and same being a question of fact petitioner had failed to show that it suffered from any legal defect--Supreme Court refused to interfere with finding of fact recorded concurrently by Courts below--Leave to appeal was refused in circumstances. ORDER MUHAMMAD HALEEM, J.--By Notification No.3(536)/Auqaf-60, dated 19th April, 1961, the management of the property comprising an area of 19 Marlas containing Chilla Hazrat Mian Mir Sahib, Masjid, two graves, 11 shops and a 2-1/2 storeyed-house bearing No.138 and the subscriptions and offerings made to the Chilla/Masjid was taken over by the Chief Administrator of Auqaf under section 6 of the West Pakistan Waqf Properties Ordinance, 1960. The respondents thereupon…

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