Contested ownership: LHC judge claims ownership of contested Model Town property

Judge Khan seeks society membership claiming ownership of two kanals.

LAHORE: A Lahore High Court judge has moved an application seeking membership of the Model Town Cooperative Housing Society after claiming to be the owner in possession of a contested two-kanal property in the society, The Express Tribune has learnt.

Justice Abdul Sami Khan of LHC has filed the application through Advocate Chaudhry Majid Hussain on April 23 before the MTCHS secretary. He moved the application on the basis of him being the “owner” of two kanals, which constitutes a part of 78-C, an eight-kanal property in the society. Judge Khan claims ownership of the two kanals and has repeatedly requested that his name be included in the membership roster.

Jalaluddin Muhammad Akbar told The Express Tribune that the legal heirs of Shahzadi Badshah Begum, including him, were the rightful owners of the land and had its possession. Rejecting judge Khan’s claim, Akbar’s counsel Ahmed Awais said a member of the land mafia had “sold” the two-kanals to judge Khan and provided him forged documents. Awais said the judge had been claiming ownership of the land after being duped by the charlatan.

Advocate Hussain said documentary evidence corroborated his client’s claim. He said “documentary possession” of the property rested with judge Khan. Hussain said the Lahore settlement commissioner had rejected the claim of Begum’s legal heirs. He said none of them had challenged the decision in any court.  Hussain said this meant that they did not own the land. He said his client had purchased the land from the owner of the property a few months ago who had its possession at the time of the transaction. Responding to a query pertaining to why there was no record of his client’s possession of the property with the society, Hussain said moving the application was intended to address the anomaly.

Faizuddin, a member of the MTCHS Enrolment Committee, told The Express Tribune that those present on the property were its rightful owners. He refused to elaborate any further.

A visit of the site revealed that there was no construction on the two-kanal property. Nevertheless, there was a marquee accommodating a tea stall, restaurant and barber shop on the site. 60-year-old Muhammad Rasheed, the barber, said the businesses had been set up with the consent of the employees of late Mirza Khairuddin, the father of Akbar. He said he had been acquainted with the area for decades. Rasheed said Khairuddin’s family had been the owners of the property since then.

Justice Ijazul Ahsan of LHC had issued a notice on May 5 to the MTCHS on Akbar’s application. Akbar had asked the court to direct the society to desist from registering judge Khan as a member.

He accused him of making the “purchase” based on forged documents and trying to influence the society into enlisting him as a member. LHC had earlier granted status-quo on March 30 following a petition by Akbar.

Akbar had told the court that the society had declined judge Khan’s membership request. He said the judge had filed another application on this account to pressure the society.

Akbar said his family had been the rightful owners of the two kanals in question ever since Begum had been allotted the property by the Settlement Department in 1959.

He said it would be erroneous to say that judge Khan had the land’s possession.  Akbar said the property had been divided among Begum’s legal heirs following her demise.

Published in The Express Tribune, May 22^nd, 2015.