Mst. ZAITOON BEGUM AND 2 OTHERS vs MUHAMMAD ILYAS AND 6 OTHERS — 1971 PLD 143

Citation: 1971 PLD 143

Court: Lahore High Court

Year: 1970

Decision Date: 1970-05-06

Parties: Mst. ZAITOON BEGUM AND 2 OTHERS vs MUHAMMAD ILYAS AND 6 OTHERS

Headnotes

Case cited as PLD 1971 Lahore 143

Judgment Text

Court Name: Lahore High Court Judge(s): Karam Elahi Chauhan Title: Mst. ZAITOON BEGUM AND 2 OTHERS vs MUHAMMAD ILYAS AND 6 OTHERS Case No.: Second Appeal from Order No, 3 of 1964 Date of Judgment:1970-05-06 Reported As: PLD 1971 Lahore 143 Result: Appeals dismissed JUDGMENT JUDGMENT Muhammad Ilyas etc. (hereinafter called the plaintiffs), filed two suits against Mst. Zaitun Begum etc. (hereinafter called the defendants), for a declaration that the properties mentioned in the plaint were wakf and certain sales thereof were void; illegal and of no effect on the rights of the plaintiffs with consequential relief of possession. The proceedings in the two cases were consolidated and both were tried together. 2. On the pleadings of the parties, the learned Civil Judge framed two preliminary issues (in each case), which read as follows :-- (1)Whether the suit is within time? (0. P.) (2)Whether the suit has been properly valued for purposes of court-fee and jurisdiction? (0. P.) 3. 26th of January 1963, was the date fixed for evidence of the parties. On that date, respondents Nos, 5 and 6 filed an application praying that since Auqaf Department had issued a notice or notices treating the property as wakf, therefore, the same was a necessary party and should be impleaded as such in these cases. This application took sometime for adjudication and was ultimately dismissed on the 14th of March 1963, when the case was adjourned to the 27th of April 1963, for production of evidence of…

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