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Civil Petition for Special Leave to Appeal No. 185 of 1967, decided on 2nd October 1967.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 14th March 1967, in Civil Revision No. 253 of 1961).
, S. 92‑Person claiming property as his own private property and not one managed by him as mutawalli‑Suit for declaration that property was waqf Provisions of S. 92(1) not attracted.
S. 36‑Lands attached to graveyard and dedicated to charitable and religious purpose‑Order granting proprietary rights in respect of such lands by Government‑Bad in law‑Amenable to jurisdiction of Civil Courts‑Civil Procedure Code (V of 1908), S. 9.
Maqbool Ahmad Sheikh, Advocate Supreme Court instructed by Wali Muhammad Khawaja, Attorney for Petitioners.
Nemo for Respondents.
Date of hearing : 2nd October 1967.
‑In support of this petition for special leave to appeal from the order of the High Court of West Pakistan the learned counsel contends :‑
(i) section 92, C. P. C. was attracted in the case as it was averred in the plaint that the petitioners had unauthorized assumed management of there graveyard; and
(ii) section 36 of the Colonization of Government Lands (Punjab) Act, 1912, was a bar to the jurisdiction of the civil Courts to entertain the suit in so far as proprietary under the Act had been acquired by the petitioners.
There is no force in either of the contentions. The petitioners claimed that the land in dispute was their private property and they did not claim to manage it as Mutawallis. A suit for declaring the waqf nature of the property was accordingly maintainable without attracting the bar of section 92, C. P. C.
Section 36 of the Colonization of Government Lands (Punjab) Act also did not apply inasmuch as the grant of proprietary rights to the petitioners was on the basis of the land being private property. Consequently if the land was attached to the graveyard and dedicated to a charitable and religious purpose the order granting proprietary rights to the petitioners was bad in law and amenable, to the jurisdiction of the Civil Courts.
The petition is accordingly without force and dismissed hereby.
Leave refused:
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