' TASSADUQ HUSSAIN JILLANI, J.--- This appeal is directed against the judgment, dated 30-4-2001 passed by a learned Judge of the Lahore High Court vide which the appeal filed by the Administrator, Muslim Auqaf, Punjab, Lahore, against the judgment of the District Judge, Sargodha, dated 29-9-1977, was dismissed and finding of the latter Court was affirmed to the effect that the property subject-matter of this appeal was not treated in Revenue Record as attached with Gaddi Koh Kirana, Sargodha, that it was an evacuee property which stood allotted to the respondents by the competent authority in the Rehabilitation Department.
2. Learned counsel for the appellants submitted that the impugned judgment has been passed in derogation to the judgment of this Court qua the same Shrine which is reported in Mian Ahmed Ali v. The Rehabilitation Authorities PLD 1964 SC 229 and therefore, cannot be sustained.
3. Mian Qamar-uz-Zaman, learned counsel appearing for the Chairman Evacuee Trust Board on Court notice, submitted that all the properties attached with the afore-referred Shrine have been declared to be the properties of the Evacuee Trust Board in terms of the order passed by the Chairman dated 26-5-1999 (copy of which was placed on record by him through C.M.A. No,2597 of 2006). He added that so far as the appellants are concerned, they have nothing to do with the property and the Evacuee Trust Board shall examine the matter and may file a reference in this regard if it deems proper.
4. Mr. Muhammad Munir Peracha, learned counsel for the respondents submitted in all fairness that the concurrent findings of the Courts below have been given effect to and the property which has been allotted to the respondents is neither Waqf property nor the property on which the Evacuee Trust Board could lay any claim. However, if at any stage, a reference is filed by the latter, the respondents shall join the proceedings and put up their case before the appropriate forum under the law.
5. The operative part of the order of the Chairman, Evacuee Trust Property, Government of Pakistan, reads as under:- "From the above mentioned discussion it is clear that the property in dispute had been devolving from Guru to Chela in exception of legal heirs. Because of Muslims ignorance about Islam they had also been taking a Hindu as their holy person. By this fact alone the property cannot be that of Muslim Auqaf just because Muslims have been holding Hindus as their spiritual guide. The property had been clearly devolving from Guru to Chela as such there is not the slightest doubt of its being evacuee trust. But because of some Muslim followers it was erroneously treated as Muslim Auqaf.
The word Peer has been the cause for confusion. The Peer here is not the spiritual holy person but for Monday amongst Hindus (in Hindi) the Mahant or Guru are after the names of week days."
6. We 'would not like to comment on the merits of the afore-referred order passed, lest it may cause prejudice to the case of any side. However, in view of the finding given by the Chairman, Evacuee Trust Board, to which reference has been made above and the fact that the appellants have not challenged the same, the appeal filed by the Administrator Muslim Auqaf, Punjab, is not maintainable and the same is dismissed as such.