Mst. AHMEDI BEGUM., MUHAMMAD MUSHTAQ ALI KHAN vs MUHAMMAD — 1971 PLD 736

Citation: 1971 PLD 736

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: Mst. AHMEDI BEGUM., MUHAMMAD MUSHTAQ ALI KHAN vs MUHAMMAD JUDGMENT

Headnotes

Case cited as PLD 1971 Supreme Court 736

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title:Mst. AHMEDI BEGUM., MUHAMMAD MUSHTAQ ALI KHAN vs MUHAMMAD JUDGMENT Reported As: PLD 1971 Supreme Court 736 Result: Appeal partly accepted Judgment JUDGMENT MUHAMMAD YAQUB ALI, J.--The litigation embraced in these appeals by special leave of the Court is between Mst. Ahmedi Begum and her son Muhammand Mushtaq Ali Khan. The dispute is in relation to distribution of lands released from Wakf under Para. 10 of the West Pakistan Land Reforms Regulation No, 64 of 1959. In 1923 Dr. Khurshid Ali Khan of village Jalalabad, District Muzaffarnagar (India) created a wakf- alal-aulad of his landed and urban immovable properties by a registered deed and made himself the first Mutwaili. On his demise his maternal grandson Muhammad Mushtaq Ali Khan became the Mutwalli and he managed the Wakf properties until Partition when the family of the Wakif migrated to Pakistan. In lieu of Wakf lands abandoned in India Muhammad Mushtaq Ali Khan obtained allotment of lands in district Jhelum which under the evacuee laws became Wakf and their income was to be appropriated in accordance with the terms and conditions of the instrument of Wakf. On the promulgation of the West Pakistan Land Reforms Regulation No, 64 on 7th February 1959, the agricultural lands ceased to be Wakf and under Para. 10 (2) (c) were to be distributed among the heirs of the Wakif and non-heir beneficiaries as provided…

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