2006 YLR 467 LAHORE-HIGH-COURT-LAHORE

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AUQAF DEPARTMENT VS MUHAMMAD SADIQ 1995 MLD 45, 1997 MLD 2444, Limitation Act 1908--14 , Punjab Waqf Properties Ordinance 1979--3 , Punjab Waqf Properties Ordinance 1979--9 , Specific Relief Act 1877--42 , Specific Relief Act 1877--55 , Specific Relief Act 1877--8 , West Pakistan Waqf Properties (Administration) Rules 1960--RULE , ---Ss.3(3) & 9(2)---West Pakistan Waqf Properties (Administration) Rules, 1960, R. 7---Limitation Act (IX of 1908), Art.14---Specific Relief Act (I of 1877), Ss.8, 42 & 55---Suit for declaration and mandatory injunction---Limitation---Crux of findings of two Courts below was that as tenant was ejected from suit properly without issuing any notice to him or affording him opportunity of hearing and even without passing formal order of cancellation/ termination of his tenancy/ lease in terms of S.9 of Punjab Waqf Properties Ordinance, 1979, act of Department was without lawful authority and of no legal effect and that tenant was entitled to restoration of his tenancy---Prima facie, findings of two Courts below to that extent did not suffer from any misreading or non-reading of evidence, especially when nothing had been produced by Department showing that leasehold rights of tenant were terminated after giving him notice as well as affording him opportunity of hearing, but tenant after his eviction from suit properly remained silent for about three years and never agitated against ejectment proceedings and instituted suit after three years after his dispossession from property in dispute---Such silence and inaction on part of tenant was sufficient for one to hold that he had accepted his eviction proceedings and had subsequently admitted delivery of possession of suit property to the other person as valid and that was also sufficient to hold that tenant had surrendered his tenancy rights---Appellate Court in its judgment found tenant as defaulter as well as guilty of subletting of suit property in violation of R.7(3) of West Pakistan Waqf Properties (Administration) Rules, 1960 and said findings were based on proper and correct appreciation of evidence on record--