Pirzadgan, Garhi Shah Daula, Gujrat vs Administrator — 1961 PLD 536

Citation: 1961 PLD 536

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as PLD 1961 Lah. 536

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan, JUDGMENT Reported As: PLD 1971 Supreme Court 401 Result: Appeal dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.--This appeal, by special leave, arises out of a judgment of a Division Bench of the erstwhile High Court of West Pakistan, Lahore Seat, allowing an appeal from an order of the District Judge, Gujrat, declaring under section 7 of the West Pakistan Waqf Properties Ordinance, 1959, that the property sought to be taken over by the Administrator appointed under the said Ordinance by virtue of a notification issued on the 15th of March 1960, though a under the Muslim Law, was not "Waqf property" within the meaning of section 2(d) of the said Ordinance. The property sought to be taken over by the aforementioned of notification was the shrine of Hazrat Shah Daula Sahib of Gujrat, Hamoodur the mosque situated in the precincts of the said shrine, income Rahtnan, CJ from the boxes kept at the shrine and offerings and subscriptions made to the shrine. The petition under section 7 of the Ordinance was filed in a representative capacity by three persons, who described themselves as the Pirzadgan, Garhi Shah Daula, Gujrat and claimed to be the lineal descendants of the saint Hazrat Shah Daula Shah Sahib. According to them, the shrine was built in 1666 by Bhawan Shah, a son of Hazrat Shah Danla Sahib, from out of presents given to him by the followers of the holy saint, who…

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