MADARASA HAMMADIA MAHMOODIA vs KHALIL AHMED and another
This petition for leave to appeal arises from a civil suit concerning the ownership and status of property donated as a Waqf. The respondent filed a suit for declaration, possession, and permanent injunction regarding a plot initially allotted to his mother, later transferred to another respondent, and subsequently donated to a religious institution. The trial court decreed the suit based on a compromise application filed under Order XXIII, Rule 3, Code of Civil Procedure 1908. This decree was upheld by the Additional District Judge and subsequently by the High Court in civil revision. The petitioner, challenging these concurrent findings, contends that once a Waqf is completed and possession is delivered, the Waqif lacks the legal authority to revoke it. The core legal question before the Supreme Court is whether a Waqif retains the power to revoke a Waqf after its completion and delivery of possession, and whether the respondents possessed the requisite locus standi to seek such revocation. Finding these issues to be of significant public importance, the Court granted leave to appeal to examine the validity of the lower courts' decisions.
- Does a Waqif have the authority to revoke a Waqf after the completion of the Waqf and the delivery of possession of the property?
- Do respondents have the locus standi to file a suit for the revocation of a Waqf?
- Order XXIII Rule 3, Code of Civil Procedure 1908
- Section 151, Code of Civil Procedure 1908
ORDER
' MUHAMMAD NAWAZ ABBASI, J.--- This petition is directed against the order, dated 9-3-2006 passed by the High Court of Sindh at Karachi in a civil revision arising out of the order, dated 8-4- 2005 passed by First Additional District Judge, Karachi East whereby the order, dated 8-11-2000 passed by VIIIth Senior Civil Judge, East in the civil suit was upheld and civil revision was dismissed.
2. The short facts leading to the filing of this petition are that respondent No,1 Khalil Ahmed filed a suit for declaration, possession and permanent injunction in respect of Property bearing No,H/27, Survey No,35 measuring 83.70 sq. Yds., situated in the Rifah-e-Aam Cooperative Housing Society, Ltd. Which was initially allotted to his mother Mst. Sarwari Begum but later it was transferred in the name of Khaliq Ahmed respondent No,2 in the present petition, having raised construction on the plot, donated the same to Jamiat Punjabsaudagran Dehli (Regd.), Karachi. The respondent No,1, Khalil Ahmed on coming to know the above fact filed the suit and respondent No,2 Khaliq Ahmed on 10-7-1997 moved an application under Order XXIII, rule 3 read with section 151, C.P.C. Wherein he prayed that suit may be decreed and consequently, a decree was passed in the suit on 8-11-2000 and appeal preferred against the judgment and decree was dismissed by learned Additional District Judge vide judgment dated 8-4-2005. The civil revision filed by the petitioner before the High Court also met the same fate and hence the petitioner has filed the instant petition for leave to appeal.
3. The learned counsel for the petitioner has contended that after completion of Waqf, the Waqif had no authority to revoke the Waqf and all the three Courts due to the misconception of law, decreed the suit. The question as to whether a Waqif, after making Waqf and delivery of possession of Waqf property, has no power to revoke the Waqf and whether respondents had any locus standi to file the suit for revocation of Waqf would need examination, therefore, we grant leave in this petition to consider inter alia the above questions of law of public importance.