| Case ID |
05411a69-9bbb-4dce-bb18-6338129d33ad |
| Body |
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| Case Number |
Revision Application No. 125 of 1984 |
| Decision Date |
Jul 13, 1993 |
| Hearing Date |
|
| Decision |
The Sindh High Court reviewed the case involving Wali Muhammad Shah and the Auqaf Department. The court found that the applicant, an authorized occupant of the suit plot, could not be labeled as an unauthorized occupant without a proper inquiry. The court determined that the Administrator of Auqaf had to provide cogent evidence before declaring the applicant unauthorized. The rejection of the plaint by the trial court was deemed erroneous, as the Chief Administrator of Auqaf can sue or be sued in his own name. The case was remanded to the trial court for a fresh decision on merits. |
| Summary |
This case revolves around the conflict between Wali Muhammad Shah, a tenant of a Waqf property, and the Auqaf Department regarding his status as an authorized occupant. The applicant had been certified by the Auqaf Manager as an occupant and had paid rent accordingly. However, the Auqaf Administrator later claimed the applicant was an unauthorized occupant. The Sindh High Court ruled that without a formal inquiry and determination, the applicant could not be classified as unauthorized. The court emphasized the importance of due process and the need for the Auqaf Department to provide adequate evidence to support its claims. This case highlights the legal protections afforded to tenants under the West Pakistan Waqf Properties Ordinance, particularly in relation to eviction processes and the jurisdiction of civil courts. The court's decision reinforces the principle that administrative actions must be substantiated by clear evidence and proper legal procedure, ensuring the rights of tenants are safeguarded. The outcome of this case could set a precedent for similar disputes involving Waqf properties and tenant rights, making it a significant ruling in the realm of property law in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL RAHIM KAZI, J
|
| Lawyers |
Aijaz Ali Hakro,
Shams-ud-Din Memon
|
| Petitioners |
WALI MUHAMMAD SHAH through Legal Heirs
|
| Respondents |
Aijaz Ali Hakro,
Shams-ud-Din Memon
|
| Citations |
1994 SLD 1119,
1994 CLC 119
|
| Other Citations |
PLD 1965 SC 671,
PLD 1965 SC 698
|
| Laws Involved |
West Pakistan Waqf Properties Ordinance (XXVIII of 1961),
Civil Procedure Code (V of 1908)
|
| Sections |
17,
6-A,
6-B,
3 (3),
O.VII, R.11
|