2006 YLR 467 LAHORE-HIGH-COURT-LAHORE

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AUQAF DEPARTMENT VS MUHAMMAD SADIQ Code of Civil Procedure 1908--115 , 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 & 9---West Pakistan Waqf Properties (Administration) Rules, 1960, R.7--- Specific Relief Act (I of 1877), Ss.8, 42 & 55---Civil Procedure Code (V of 1908), S.115---Suit for declaration and mandatory injunction---Termination of tenancy and ejectment from suit property---Subsequent lessee---Rights of---Courts below concurrently decreed suit filed by tenant---Courts below besides granting declaration sought for by tenant, declared leasehold rights in favour of subsequent lessee, who obtained said rights through auction, as illegal and also directed delivery of possession by way of mandatory injunction to the tenant---Findings of Courts below could not remain in field as leasehold rights of the tenant were neither terminated by the Department for default of subsequent lessee nor tenant was evicted at the instance of subsequent lessee---Subsequent lessee had obtained leasehold rights in public auction and was inducted into possession by Auqaf Department in accordance with law---To hold that tenancy rights of subsequent lessee would fall on the ground as the very cancellation leasehold rights of tenant and his eviction from the disputed property was void, was not correct interpretation of law on the subject.