GHULAM MUSTAFA AND 27 Other vs THE CHIEF ADMINISTRATOR, AUQAF, WEST — 1970 PLD 619

Citation: 1970 PLD 619

Court: Sindh High Court

Year: 1969

Decision Date: 1969-12-31

Parties: GHULAM MUSTAFA AND 27 Other vs THE CHIEF ADMINISTRATOR, AUQAF, WEST JUDGMENT

Headnotes

Case cited as PLD 1970 Lahore 619

Judgment Text

Court Name: Sindh High Court Judge(s): Noorul Arfin Title:GHULAM MUSTAFA AND 27 Other vs THE CHIEF ADMINISTRATOR, AUQAF, WEST JUDGMENT Reported As: PLD 1970 Lahore 619 Result: Q. Judgment JUDGMENT This judgment will decide two appeals, under section 8' of the West Pakistan Waqf Properties Ordinance, 1961 (Ordinance XXVIII of 1961), which have been brought to question the judgment of the District Judge, Sialkot, by which the lands described in paragraph 7 of the judgment were declared to be not wakf property, but other lands, namely, plots of land bearing Khatoni Nos. 32, 33 and 34 of Khewat No. 2, Khatoni Nos. 270, 377/2 and 378, all of Khewat No. 61, Khatoni No. 507 of Khewat No. 123, Khatoni Nos. 2437 to 2439, Khatoni Nos. 2442 and 2444 to 2446, and Khatoni Nos. 2446/1, 2447 and 2448 of Khewat No. 352 (hereinafter referred to as the disputed lands) were declared to be wakf property within the meaning of the aforesaid Ordinance. The judgment has been questioned in separate appeals both by the Chief Administrator of Auqaf as well as by the holders of the Khatonis, namely, Ghulam Mustafa and others. An application is also on record whereby the Chief Administrator of Auqaf has prayed for admission of further and additional evidence under Order XLI, rule 27, C. P. C., this evidence being oral statements of -the resi--dents of Sath Reh, Tehsil Pasroor, District Sialkot (where all these lands are situated) to prove that by immemorial user the lands in question have been treated…

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