Law:

Section:

(a) West Pakistan Waqf Properties Ordinance (XXVIII of 1961)--- ----S.2, Expln.11---"Wafq propery"---Connotation---Where land was allotted in the name of Khanqah in lieu of land abandoned by such Khanqah in India, same would be waqf property. (b) Muhammadan Law--- ---- Waqf---Mutwalli---Powers---Extent---Mutwalli, under Islamic Law has no right in property belonging to waqf; such property would not vest in him--­Mutwalli's position was merely of a Superintendent or Manager of Waqf property ---Mutwalli can appoint his successor on his death bed but cannot do so while being in good health---Legal representatives of deceased Mutawallis had no right to transfer ownership of Waqf property or even to appoint some other person to enjoy superintendence or management of Waqf property. Mst. Nur Jahan Begum v. Muhammad Ahsan Ullah Khan and others PLD 1960 Lah. 181; Chief Administrator, Auqaf v. Malik Muhammad Din PLD 1974 Note 68 at p.107; Chief Administrator of Auqaf, Sindh and another v. Ibrahim Shah and 2 others PLD 1975 Kar. 964 and Ghulam Shabbir v. Mst. Nur Begum and others PLD 1977 SC 75 ref. Mahomedan Law by Mulla (Pakistan Edition of 1988) paras. 192 to 199 and Additional Settlement Commissioner (Land) v. Muhammad Shafi PLD 1971 SC 791 rel. (c) West Pakistan Waqf Properties Ordinance (XXVIII of 1961)--­ ----S. 7---Qanun-e-Shahadat (10 of 1984), Art. 118---Suit for declaration that property in question was not waqf---Burden to prove---Plaintiffs having opted to approach Court for declaration that property in question was not waqf were bound to prove nature and character of land i.e. whether such property was waqf or not---Property in question, having been allotted to Khanqah and Takia was waqf property---Mere fact that such property was transferred to plaintiffs through registered deed was not sufficient to place burden of proof on defendant department to establish that such property was waqf---No objection was, however, raised before Trial Court regarding placing of onus on plaintiffs, therefore,. such objection could not be allowed to be raised at belated stage of appeal. (d) West Pakistan Waqf Properties Ordinance (XXVIII of 1961)--­ ----S.7---Taking over…

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