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Regular Second Appeal No. 159 of 1984, decided on 29th June, 1985.
‑‑‑S. 100‑‑West Pakistan Waqf Properties Ordinance (XXVIII of 1961), Ss.7 8; 17‑‑Second appeal‑‑Proper remedy for appellants admittedly was petition under S. 7 of Ordinance XXVIII of 1961 and not suit before civil Court‑‑High Court disposed of second appeal accordingly.
M. Sultan Alam for Appellant.
Land in dispute was taken over by Chief Administrator of Auqaf, Punjab, under the provisions of West Pakistan Waqf Properties Ordinance, 1961 vide notification, dated 2‑6‑1973. Instead of availing the remedies under the aforesaid Ordinance, plaintiffs who are vendees from a Mutwalli instituted a civil suit in the Court of Senior Civil Judge, Leiah. Suit was dismissed on 18‑4‑1984. Apeal filed against the aforesaid decision was also dismissed by the learned Additional District Judge Leiah, on 21‑6‑1984. In the Suit before trial Court, Administrator Auqaf Muzaffargarh, Muhammad Sadiq son of Ranjah, Province of Punjab through Collector Muzaffargarh were impleaded as party defendants. In appeal before this Court, parties have been changed and instead Chairman, Evacuee Trust Board, Lahore, Assistant Adminisitrator Trust Properties Board Leiah/Muzaffargarh and Administrator Evacuee Muzaffargarh were impleaded. Learned counsel argued the appeal at some length. However, uring the course of arguments, learned counsel conceded that the proper remedy for he appellants was a petition under section 7 of the West Pakistan Waqf Properties Ordinance, 1961 and not a suit before the CHI Court. This concession was offered in terms of section 17 of, the aforesaid Ordinance. Learned counsel in these circumstances, does not press the appeal and reserves his right to agitate the matter before the District Judge Leiah in a petition under section 7 of the Ordinance. The appeal stands disposed of as not pressed. However, the present appellants, if so advised, can take appropriate proceeding under the provision of Ordinance XXVIII of 1961 which when initiated will be adjudicated upon on its own merits and in accordance with law.
H. B. T. Appeal disposed of.
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