MUHAMMAD WASIL vs MANAGER OF WAQF PROPERTIES AND 2 Other — 1972 PLD 425

Citation: 1972 PLD 425

Court: Lahore High Court

Year: 1971

Decision Date: 1971-09-21

Parties: MUHAMMAD WASIL vs MANAGER OF WAQF PROPERTIES AND 2 Other

Headnotes

Case cited as PLD 1972 Lahore 425

Judgment Text

Court Name: Lahore High Court Judge(s): Nasim Hasan Shah, A. R. Sheikh Title: MUHAMMAD WASIL vs MANAGER OF WAQF PROPERTIES AND 2 Other Case No.: Writ Petition No. 1500 of 1969 Date of Judgment:1971-09-21 Reported As: PLD 1972 Lahore 425 Result: Petition dismissed JUDGMENT JUDGMENT A. R. SHIEKH, J.-The facts forming the background of this case are that the petitioner is occupying shop No. 3 attached to Allah Jawaya Mosque, Abkari Road, Lahore, for the last twenty years. Previously he was a tenant under the Mosque Committee but in the year 1962 when the properties attached to Allah Jawaya Mosque were taken over by the Auqaf Depart--ment, he became a tenant under it, at the rate of Rs. 40.00 per mensem. On the 19th of November 1968, the petitioner received a notice from the Manager of Waqf Properties Sector 11, Lahore, respondent No. 1, intimating that the rent of the shop had been enhanced from Rs. 40.00 per mensem to Rs. 125.00 per mensem with effect from the 1st of December 1968. He was then issued a rent bill on the said basis. The peti--tioner preferred an appeal against the notice before the Chief Administrator of Auqaf, respondent No. 3, challenging the enhancement of rent as arbitrary, illegal and without jurisdiction but the same was dismissed by (respondent No. 1), on the 25th of July 1969. The petitioner made another application on the 1st of September 1969 to respondent No. 3 for recon-- sideration of the case. In the meanwhile, however, the Administrator of…

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