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Petitioner: RIAZ HUSSAIN And Another VS Respondent: DISTRICT COUNCIL, MUZAFFARGARH Through JUDGMENT
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title:RIAZ HUSSAIN And Another vs DISTRICT COUNCIL, MUZAFFARGARH Through
JUDGMENT
Reported As: 1987 SCMR 759 Result: Petitions dismissed Judgment JUDGMENT SHAD SAOOD JAN, J.--These are two petitions for special leave to appeal arising out of identical facts. 2. The property in dispute in these two petitions is part of the Waqf created by one Sardar Kaura Khan. It was taken over by the Auqaf Department by a notification issued on 17-12-1973. In 1981 the Auqaf Department leased out the property to the petitioners for a period of two years. Subsequently, by another notification the said department released the property. The petitioners filed separate suits challenging the notification of the department whereby the properties were released They also sought temporary injunctions for the protection of their possession pendente lite. The trial Court dismissed their applications for interim relief. They preferred appeals before the learned Additional District Judge against the refusal of the trial Court to grant them interim relief. The learned Additional District Judge not only dismissed their appeals but also rejected their plaints. The petitioners then filed civil revisions in the High Court but without any success. They now seek leave to appeal from this Court. 3. It is not necessary for us to examine the proposition whether the learned Additional District Judge was competent to reject their plaints for we find that the leases granted to them have since expired leaving them without any locus standi in the matter. These are, therefore, not fit cases where leave should be granted to the petitioners.