IMAM CHEEMA vs AUQAF DEPARTMENT through Chief Administrator, Punjab, Lahore
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal arising from a dispute over property leased by a Mutwalli. The core legal questions concern whether a 99-year lease created in favor of the petitioner's predecessor-in-interest pursuant to an Additional District Judge's order enured for the petitioner's benefit, whether the Mutwalli was legally obligated to obtain prior court permission for executing each lease agreement, and whether the respondent's suit was barred by limitation. Granting leave to appeal, the Court held that the case warranted a full hearing on these questions. The key principle established is that matters involving the validity of long-term leases executed by a Mutwalli and questions of limitation require detailed examination by the appellate court, during which interim stay orders may continue.
- Whether the lease in respect of the property in dispute, in favour of the predecessor-in-interest of the petitioner created by the Mutwalli, enured for the benefit of the petitioner?
- Whether the Mutwalli was under legal obligation to obtain prior permission of the Court for executing each lease agreement for 99 years?
- Whether the suit instituted by the respondent was barred by limitation?
ORDER
1. ' MANZOOR HUSSAIN SIAL, J.---After hearing learned counsel for petitioner and Ch. Khurshid Ahmed, Advocate, learned counsel for the respondent, we grant leave to appeal in this case, to consider inter alia:-
(1) Whether the lease in respect of the property in dispute, in favour of the predecessor-in-interest of the petitioner created by the Mutwalli, in terms of the order of the Additional District Judge, Lahore dated 20-4-1938, enured for the benefit of the petitioner;
(2) Whether the Mutwalli was under legal obligation to obtain prior permission of the Court for executing each lease agreement for 99 years;
(3) Whether the suit instituted by the respondent was barred by limitation.
2. ' The appeal be expeditiously completed and fixed for hearing at an early date. Interim order of stay dated 17-7-1993 to continue meanwhile.