' TASSADUQ HUSSAIN JILLANI, J.---Through this appeal by leave of the Court appellants Maula Bux etcetera have challenged the judgment dated 18-12-2000 vide which F.A.O. No,113 of 1984 filed by the respondent Chief Administrator Auqaf, Lahore was allowed, the judgment of the learned District Judge dated 14-4-1984 was set aside and appellants' application under section 11 of the Punjab Waqf Properties Ordinance impugning the notifications issued by the respondent Department was dismissed. Vide the latter order/notification of the Auqaf Department dated 15-12-1978, the property subject-matter of the appeal was taken over by the Department in terms of section 7 of the Auqaf (Federal Control) Act, 1976. In the schedule annexed to the said order, the described property was as follows:-- "Khanqah Hazrat Mouzim Shah along with 2 shops, 3 residential houses and 8 rooms, graveyard covering an area of 4 Kanals, 6 Marlas, bearing Khasra Nos.7012, 7042 in Khewat No,2321 Khatooni No, 4904 according to the Revenue Record for the year 1971-1972."
2. The learned District Judge had set aside the afore-referred notification to the extent of the appellants primarily on the ground that "Khasra Nos. 7012 and 7042, referred to in the notification E.R.1 have not at all been shown as waqf property or as the property belonging to Darbar Moazzam Shah."
3. We have heard learned counsel for both the parties at some length and both were of the view that the best evidence which could be produced by the parties was not tendered and in the interest of justice, let the matter be remanded to the District Judge to decide appellants' application under section 11 of the Ordinance afresh and expeditiously. The stand taken by learned counsel for the parties is reasonable. In this view of the matter, this appeal is allowed; the judgments dated 18-12-2000 passed by the learned High Court in F.A.O. No, 113 of 1984 as also of the District Judge dated 14-4-1984 are set aside. Appellants' application under section 11 of the Auqaf (Federal Control) Act, 1976, which now stands superseded by the Punjab Waqf Properties Ordinance, 1979, shall be deemed to be pending and decided afresh within eight weeks of the receipt of this order.