' MUHAMMAD NAWAZ ABBASI, J.--- This petition is directed against the order, dated 9-3-2006 passed by the High Court of Sindh at Karachi in a civil revision arising out of the order, dated 8-4- 2005 passed by First Additional District Judge, Karachi East whereby the order, dated 8-11-2000 passed by VIIIth Senior Civil Judge, East in the civil suit was upheld and civil revision was dismissed.
2. The short facts leading to the filing of this petition are that respondent No,1 Khalil Ahmed filed a suit for declaration, possession and permanent injunction in respect of Property bearing No,H/27, Survey No,35 measuring 83.70 sq. Yds., situated in the Rifah-e-Aam Cooperative Housing Society, Ltd. Which was initially allotted to his mother Mst. Sarwari Begum but later it was transferred in the name of Khaliq Ahmed respondent No,2 in the present petition, having raised construction on the plot, donated the same to Jamiat Punjabsaudagran Dehli (Regd.), Karachi. The respondent No,1, Khalil Ahmed on coming to know the above fact filed the suit and respondent No,2 Khaliq Ahmed on 10-7-1997 moved an application under Order XXIII, rule 3 read with section 151, C.P.C. Wherein he prayed that suit may be decreed and consequently, a decree was passed in the suit on 8-11-2000 and appeal preferred against the judgment and decree was dismissed by learned Additional District Judge vide judgment dated 8-4-2005. The civil revision filed by the petitioner before the High Court also met the same fate and hence the petitioner has filed the instant petition for leave to appeal.
3. The learned counsel for the petitioner has contended that after completion of Waqf, the Waqif had no authority to revoke the Waqf and all the three Courts due to the misconception of law, decreed the suit. The question as to whether a Waqif, after making Waqf and delivery of possession of Waqf property, has no power to revoke the Waqf and whether respondents had any locus standi to file the suit for revocation of Waqf would need examination, therefore, we grant leave in this petition to consider inter alia the above questions of law of public importance.