' CH. IJAZ AHMAD, J. ---Learned counsel of the appellant submits that appellant has filed petition before the District Judge, Toba Tek Singh under section 11 of Punjab Waqf Properties Ordinance, 1979 along with an application for interim injunction which was dismissed by the learned District Judge vide order dated 16-12-2003. The appellant being aggrieved filed this appeal.
2. Learned counsel of the appellant submits that in the interest of justice and fairplay the appellant would be allowed to remain in possession of the property in question till decision of the petition filed by the appellant. He further submits that all the ingredients are in favour of the appellant but the District Judge concerned did not consider all these principles which are laid down by the Honourable Supreme Court in Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan PLD 1970 SC 139. He further submits that appellant is in possession of the land since generations and the same is not part of the shrine of Baba Haider Shah Bokhari.
3. Learned counsel of the respondents submits that Notification was issued by the competent authority on 31-12-2002 and the respondents have taken possession of the land in question on 17-1- 2003. He further submits that appellant is trespasser over the land in question and the learned District Judge has passed the order keeping in view the principle laid down by the superior Courts.
Therefore, impugned order is valid in the eye of law.
4. I have given my anxious consideration to the contentions of the learned counsel of the parties and perused the record.
5. It is pertinent to mention here that it is the view point of the respondents that the respondents have taken the possession from the appellant on 17-1-2003 which is duly mentioned in "Roznamcha Waqiati" after one month of the Notification issued by the competent authority under section 7 of the Punjab Waqf Properties Ordinance, 1979 on 26-12-2002. Since the possession has already been taken from the appellant, therefore, impugned order is valid which is not in derogation of the law laid down by the Honourable Supreme Court in the aforesaid judgment Shahzada Muhammad Umar Beg v. Sultan Mahmood Khan PLD 1970 SC 139.
In view of what has been discussed B above, this appeal has no merit and the same is dismissed.
However, in the interest of justice and fair play the District Judge concerned is directed to decide the petition of the appellant as early as possible.