Ashiq Hussain and Muhammad Aslam vs Anjuman-i-Islamia, Muzaffargarh — 1972 SCMR 50

Citation: 1972 SCMR 50

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as 1972 SCMR 50

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman, Sajjad JUDGMENT Reported As: 1972 SCMR 50 Result: Appeal dismissed Judgment JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the former High Court of West Pakistan, Lahore, in Regular Second Appeal No. 443 of 196 dated the 18th October 1966. By this judgment, the appeal was accepted and the suit of the appellants was dismissed with costs throughout. Briefly, the facts leading to this appeal are that Ashiq A.I, a resident of Muzaffargarh who was a Hindu, embraced Islam and did not migrate to India on Partition. He was a blind old man of 70/80 years of age. He appointed Ashiq Hussain appellant No. 1 as his attorney to help him in the management of his lands at Muzaffargarh. On the 17th February 1955, he made a gift of about 103 kanals and 1 marla of land, situated in village Taleri, District Muzaffargarh in favour of the appellants Ashiq Hussain and Muhammad Aslam by a registered deed, Exh. P. 20. On the 17th November 1955, the gift was revoked and waqf was created by a registered deed, Exh.-D. 2, in favour of Anjuman-i-Islamia, Muzaffargarh, respondent No. 2. Anjuman-i-Islamia, Muzaffar--garh was appointed as Mutwalli to manage the property and to pay him Rs.50 per month for maintenance out of the income. The rest of income was reserved for religious and charitable purposes. The appellants challenged the revocation of the gift…

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