Riaz Ahmad vs Secretary to Government of the punjab S — 2025 MLD 21 LAHORE-HIGH-COURT-LAHORE

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Riaz Ahmad VS Secretary to Government of the punjab S.11---Transfer of Property Act (IV of 1882), S.105---Lease---Essential features---Requirements of perpetual lease, non-fulfillment of---Jurisdiction of Auqaf Department to take over the control and management of waqf property by notification---Application filed by the appellant against the said notification---Refusal of application---Contention of the appellant was that the property in dispute was leased out to original lessee, who transferred the same to the appellant through sale deeds, thus, the lease was perpetual and the Waqf Department had no authority to take over the control and management of the disputed property---Validity---In Mark-C/register Patta Dar Dawami maintained by Improvement Trust Kasur, words "Milqiyat Patta Dar Dawami" were written and land was described as "Ghair Mumkin Nungli Saray Qabaristan" allocated for outsider 'Zaireen' and graveyard 'Peer Jungli Wala' as per the record, which clearly indicated the intention of authorities about the use of land, thus, there remained no doubt that the lease was neither perpetual lease in favour of original les see nor transferable and could only be used for religious purposes---Essential features of lease are the transfer of interest to enjoy property with exclusive possession by the transfer or to the transferee for certain time or in perpetuity for consideration of price paid or promised etc.---Neither in application under S.11 of the Punjab Waqf Properties Ordinance, 1979, nor during the recording of examination-in-chief of witnesses, any consideration either paid or promised to be paid by the original lessee or subsequent lease holders was argued/pleaded/deposed which was a basic requirement of lease---One of the appellant/applicant appeared as AW-1 and produced private witness as AW-2 while rest of the two AWs were government officials who supported the contents of application in examination-in-chief but in cross-examination, both the witnesses neither had the exact knowledge about the ownership of original lessee on the disputed land nor the terms of perpetual lease---Appeal was dismissed, in circumstances.

Riaz Ahmad vs Secretary to Government of the punjab S — 2025 MLD 21 LAHORE-HIGH-COURT-LAHORE

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