Roshan Lal vs Mohammad Afzal - 1949 Supreme(Lah) 10

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1949 Supreme(Lah) 10

CORNELIUS
Roshan Lal – Appellant
Versus
Mohammad Afzal – Respondent

JUDGMENT

Cornelius, J. - This is a first appeal from an order of Mr. Muhammad Anwar, Sub-Judge, 1st Class, Lahore, made in a suit brought by one Muhammad Afzal, for possession of certain property which has been the subject of prolonged litigation. The facts relevant to the present appeal are as follows: One Ghulam Basul on 29th October 1917 executed a wakfnama in respect of a portion of his property. The wakf is described as wakf al-an nafs ta havat wa al-al-aulad 'wdl aval for the following purposes, namely:

for my own maintenance, for the upbringing, education, both religious and secular, and instruction of my descendants and their descendants from generation to generation and their heirs, for charity and for the help of orphans, the poor and widows and that the property may also subsist, whereby the name of my family may be preserved.

The wakif had two sons named Din Muhammad and Ghulam Mustafa and a daughter Mt. Mum-taz Begum. The deed of wakf provided that the wakif would be mutwalli and manager during his lifetime, and after his death his elder son Din Muhammad would be the mutwalli and after his death the second son Ghulam Mustafa, and thereafter the rule to be followed from ge

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