Law:

Section:

Punjab Waqf Properties Ordinance (IV of 1979)-------S. 21---Specific Relief Act (I of 1877), S.42---Irregularity in exercise of jurisdiction---Plaintiffs sought declaration that their property was not covered by notification issued under Punjab Waqf Properties Ordinance, 1979---Suit was dismissed in appeal, with consent of parties, case was remanded with direction that matter be decided on basis of report of Local Commissioner---Trial Court, without following said directions decreed the suit while first appeal was allowed for want of jurisdiction of civil Court---Validity---Record showed that notification by Auqaf Administration under Punjab Waqf Properties Ordinance, 1979 was never challenged by plaintiffs and that main controversy was of encroachment of properties and for resolution of which case was remanded with consent of parties but such material aspect was not considered by the appellate Court---Courts below thus, acted with material irregularity in exercise of their respective jurisdiction by failing to take note of directions given by appellate Court---Suit was, therefore, held to be pending before Trial Court for decision afresh in accordance with directives contained in the remand order. Chief Administrator of Auqaf, Punjab v. Allah Ditta and another 1990 CLC 821 distinguished. Malik M. Tariq Rajwana for Petitioners. Faqirzada Shahzad Hussain for Respondents. Date of hearing: 25th April, 2006. JUDGMENT MAULVI ANWARUL HAQ, J.--- On 13-8-2001 the petitioners filed a suit against the respondents. They claimed to be the owner of the land and built up property, mentioned in para.1 of the plaint. The respondent No.3 issued a notification on 11-7-1964 under the Punjab Waqf Properties Ordinance, 1979 and the properties mentioned in para.3 of the plaint were taken over as per details provided in the plaint. The grievance of the petitioners was that the respondents Nos.3 and 4 are interfering with the property of the petitioners which is beyond the area mentioned in the said notification and its implementation in the Revenue Record. The respondents Nos.3 and 4 in their written statements while questioning the jurisdiction of the civil Court denied the said…

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