AJMAL MIAN, C J--By this common judgment we intend to dispose of the above two petitions. In the first petition, the petitioner is said to be a Society registered under the Registration Act, 1860 of the aided Schools, whereas in the other petition, the petitioner is also a Society under the name of Akhtar Girls and Boys Primary and Secondary School registered under the above Act. The above petitions were filed to impugn MLR 118 (Sind Amendment) Ordinance, 1972, hereinafter referred to as the MLR, and resulting into Act XX of 1972. The taking over of the assets and not of the liabilities relating to the management of the petitioners' school was also impugned.
2. The learned counsel for the petitioner in both the petitions, Mr. Mohammad Arif, has expired long back. The notices of today's date of hearing were sent to the petitioners directly on 2nd February, 1989 but nobody is present.
3. This Division Bench in the case of Adarah-Tamire-Millat, etc. v. Government of Sind etc., reported in NLR 1989 Civil 70, has held that the word "vest" used in paras. 4 and 5 of the MLR does not result into the vesting of the ownership of the buildings and other properties of Society, which was running the School and which was taken over under the MLR but only the management is vested in the Government by virtue of the above paras. If this is so, it must necessarily follow that the liabilities relating to such buildings and properties will also remain vested in the Society or the previous owner.
4. With the above observation, the above petitions are dismissed for non---prosecution with no order as to costs as nobody had turned up for the petitioners.
H.B.T./A-573/K