| Case ID |
3a629281-6c2b-49e8-a2db-1f3954aded9c |
| Body |
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| Case Number |
Writ Petition No. 16960 of 1999 |
| Decision Date |
Oct 20, 1999 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the Civil Courts lacked jurisdiction over the matter related to the property belonging to the Auqaf Department. The court emphasized that the application for rejection of plaint was dismissed by both the trial court and the lower appellate court without due consideration of Section 21 of the Punjab Waqf Properties Ordinance, 1979. It was established that the property in question was owned by the Auqaf Department and the Collector's decision regarding lease amounts was valid. The Supreme Court's prior judgments were binding, reinforcing the court's decision to accept the writ petition and set aside the orders of the lower courts. |
| Summary |
This case revolves around the jurisdiction of civil courts in matters relating to properties owned by the Auqaf Department under the Punjab Waqf Properties Ordinance, 1979. The Lahore High Court addressed a writ petition filed by the Chief Administrator of Auqaf against a civil suit initiated by Rasheed Muhammad and others claiming ownership of the property in question. The court highlighted that the civil courts had no jurisdiction to adjudicate such matters as per the provisions of the ordinance. The decision of the Lahore High Court reinforces the binding nature of Supreme Court judgments under Article 189 of the Constitution of Pakistan, ensuring consistency in legal interpretations regarding property rights under the Auqaf laws. The ruling is significant for legal practitioners and stakeholders involved in property disputes, emphasizing the importance of adhering to established legal frameworks and jurisdictional boundaries. |
| Court |
Lahore High Court
|
| Entities Involved |
Auqaf Department,
Supreme Court,
Civil Court
|
| Judges |
CH. IJAZ AHMAD, J
|
| Lawyers |
Muhammad Arif Raja,
Khalid Aseer Ch.
|
| Petitioners |
CHIEF ADMINISTRATOR OF AUQAF, GOVERNMENT OF THE PUNJAB, LAHORE
|
| Respondents |
7 others,
RASHEED MUHAMMAD
|
| Citations |
2000 SLD 1786,
2000 CLC 244
|
| Other Citations |
PLD 1998 SC 132,
1999 SCMR 2795,
19716 SCMR -4501,
1975 SCMR 104,
1989 CLC 64,
1983 SCMR 1024
|
| Laws Involved |
Punjab Waqf Properties Ordinance,
Civil Procedure Code,
Constitution of Pakistan
|
| Sections |
21,
23,
O.VII, R.11,
189
|