Law:

Section:

Punjab Waqf Properties Ordinance (IV of 1979)-------Ss. 2(e), 7, 11 & 12---Status of property as Waqf property--­Determination of---Chief Administrator Auqaf, Punjab vide a Notification took over and assumed administration, control, management and maintenance of `Khanqah Hazrat Shah Sideman' and attached properties described in the Schedule---Respondents/claimants challenged the Notification under S.11, Punjab Waqf Properties Ordinance, 1979'on the ground that land mentioned in the Notification was owned and possessed by them as the same was gifted away by a Hindu owner to their predecessor-in interest by a memorandum of gift and that they were owners of the same through succession---Case of respondents/claimants was to the effect that property in dispute was not Waqf and that Notification issued by the Authority assuming same as Waqf property was illegal---Validity---Trial Court on basis of memorandum of gift by non-Muslim in favour of predecessor-in-interest of respondents and evidence produced by witnesses produced by respondents/claimants found that property having been donated by a non-Muslim to grandfather of respondent claimants could not be held Waqf property---Deposition of witnesses was to the effect that property in dispute was owned by respondents claimants where neither any Urs was taking place nor any offering was being made by anyone and that there was no Mutawalli--­Preponderance of material on record, in circumstances, did not establish that property in dispute was a Waqf property for control of which Notification under S.7 of Punjab Waqf Properties Ordinance, 1979 could be made---Conclusion drawn by Court below that property in dispute was not a Waqf property, could not be regarded as illegal so as to warrant interference by High Court---Appeal having no merit was dismissed, in circumstances. Elahi Baksh v. Chief Administrator, Waqf Property 1982 SCMR 160; Mian Ahmad Ali, v. The Rehabilitation Authority through The Deputy Rehabilitation Commissioner, Sargodha PLD 1964 SC 229; Sajjad Hussain v. Musarat Hussain Shah and others 1989 SCMR 1826; Chief Administrator of Auqaf, Punjab, Lahore v. Koura alias Karam Ilahi and another PLD 1991 SC 596…

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