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First Appeal from Original Order No. 99 of 1970, decided on 8th July, 1980.
‑‑ O. XLI, r. 27‑Appeal‑Additional evidence‑Appellant not producing documents in trial Court though several opportunities given for mole than four years but subsequently filing certain docu ments in Court along with application for their admission and grant of time for filing more documents‑Trial Court allowing only one document to be tendered in evidence and rejecting others‑Appel lants moving High Court for permission to produce documents as additional evidence‑Unsuccessful party, held, cannot be allowed to fill up omission in his evidence and evidence allowed only when Appellate Court requires it for pronouncing judgment and such requirement one of appellate Court and not of parties to appeal.
‑‑ S. 3‑Proof of Waqf‑Mere description of property as Takia or mere entry of "Waqf Ahl‑i‑Hanood" in record ‑of‑rights, held, not sufficient proof of Waqf or trust property.
Shafiq‑ud‑Din and others v. Mahboob Elahi and others A I R 1930 Lah. 714 and Deputy Administrator, Evacuee Trust Property v. A. R. Chaudhary 1981 C L C 1006 rel.
Takia and Chills‑Takia means place where "Dervesh" resides before his pious life and teachings attract notice and Chilla mears place where devotions performed for forty days‑Term "Chills", held, not synonymous with "Takia".
Sain Maule Shah v. Ghane Shah A I R 1938 P C 202 and 1957 Edn. rel.
‑‑ S. 114‑Presumption‑Respondent admitting existence of "Chabutra" in property in suit for private worship of family Mosque in private property, held, cannot be suggestive of its being Waqf property unless worship performed therein by public.
Musahab Khan and others v Raj Kumar Bakahi and others A I R 1938 Oudh 238 rel.
Zafar Hussain v. Mian Muhammad Ghias‑ud‑Din A I R 1937 Lah. 552 ref.
‑‑S. 2 (d), Explanation I‑ Waqf property Presumption Absence of express dedication‑Implied dedication may be inferred from long user of property as Waqf‑Proof of intention to create Waqf, held, not an act of supererogation‑Clause (d), further held, defines "Waqf property" according to Islamic Law and Explanation cannot be deemed to travel beyond principal clause to which append ed.
‑‑ S. 57‑Books on public history‑Evidentiary value of‑Appellant producing several books of public history to prove permanent dedication of property by long user‑Whether property permanent ly dedicated and Waqf created by long user, held, questions of fact having to be proved by cogent evidence.
Farzand Ali and others v. Zafar Ali A I R 1918 Lah. 388 and Sanat Singh v. B. Rallia Ram and others A I R 1930 Lah. 744 rel.
Riaz Kayani for Appellants.
Mohammad Tufail for Respondents.
Date of hearing : 29th June, 1980.
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