LHC blocks plot to get land fraudulently

LAHORE:

The Lahore High Court (LHC) has rejected the appeal of a man who, while transferring a piece of property to his nephews, declared himself as their father in the tamleek deed and later gave his own sons the same names as his nephews in an attempt to acquire the property through deception.

There were two real bothers—the petitioner Muhammad Nawaz and Muhammad Aslam. Nawaz gave 400-kanal property in 1975 to two minors namely—Muhammad Farrukh and Muhammad Mohsin alias Nijal, who were the sons of Muhammad Aslam.

However, he fraudulently showed himself as their father in the registered deeds. Subsequently, he tried to manipulate the situation to favour his own sons by giving them similar names.

This arrangement continued undisputed for years during Muhammad Aslam's life. Years later, the donees—Farrukh and Mohsin, Aslam's sons—instituted a civil suit against Nawaz and his sons as well as the Government of Punjab.

The trial court handed in a decision in favor of the real sons of Muhammad Aslam. The petitioners challenged this order but the appellate court also upheld the trial court's decision.

The petitioners including Muhammad Nawaz later moved the LHC Multan Bench where Justice Anwaar Hussain dismissing his plea also upheld the decisions of the district courts.

Farrukh and Mohsin—sons of Aslam—claimed that total property measuring 818 kanal—17 marlas—of land was purchased by their uncle (Nawaz) and their late father (Muhammad Aslam) jointly. However, it was purchased in the name of Nawaz as their father was a government employee.

Nawaz, later on, transferred the suit property measuring 400 kanal, out of the total land purchased, in their favour as an acknowledgment that the suit property was purchased with the funds of the late Muhammad Aslam.

However, Nawaz fraudulently showed himself as their father in the registered deeds and subsequently, manipulated the situation to favour his own sons by giving them same names with the intent to misappropriate the suit property. It was stated that registered deeds attested in pursuance to the tamleek deeds, to the extent of parentage of the Farrukh and Moshin are against the law as well as Shariah and are based on mala fide.

The petitioners—Nawaz and his sons—took the defence that the suit property was purchased with funds remitted by Nawaz from the United Kingdom.

They contended that the transfer of the suit property through tamleek deeds was always intended for his own sons. After framing of issues and recording of evidence, the trial court through judgment on March 28, 2013 decreed the suit of the respondents—the sons of Aslam.