By this common order, we propose to dispose of LPA(OW) No. 68/2000 and LPA(OW) No. 283/1998.

2. LPA(OW) No. 68/2000 is directed against order dated 10.02.2000 of the Learned Single Judge passed in OWP No. 97/1979 whereby the property in dispute has been held to be a wakf property. LPA(OW) No. 283 is directed against order dated 10.09.1998 passed in OWP No. 520/1982 whereby order dated 30.04.1982 passed by the Deputy Minister, Aukaf Affairs in so far it directed the payment of 25% of the total offerings (Nazur-I-Niaz) to the appellants on humanitarian grounds has been set aside and the property has been held to be a trust property which cannot be utilized for any other purpose other than prescribed in the Jammu & Kashmir Wakafs Act.

3. In brief the facts are that Shah Farid-ud-din, a saint and his son Shah Assrar-ud-din also a saint lived in the area of Kishtwar.Shah Farid-ud-din died in 1725 AD, whereas his son pre-deceased him. After their demise their graves became a place of worship for those who had faith in them. These places are called `Ziarat of Shah Farid-ud-din and `Ziarat of Shah Assarar-ud-din.It is the admitted case of the parties that both the