LAHORE:
The Superior Court of Lahore (LHC) has rejected the appeal of a man who, while transferring a property to his nephews, declared himself as his father in Tamleek’s writing and then gave his own children the same names as his nephews in an attempt to acquire the property.
There were two real molds: the petitioner Muhammad Nawaz and Muhammad Aslam. Nawaz gave a property of 400 Kanal in 1975 to two minors, namely, Muhammad Farrukh and Muhammad Mohsin aka Nijal, who were the children of Muhammad Aslam.
However, he was fraudulently shown as his father in registered acts. Subsequently, he tried to manipulate the situation to favor their own children by giving them similar names.
This agreement continued undisputed for years during the life of Muhammad Aslam. Years later, the gifts, Farrukh and Mohsin, the children of Aslam, instituted a civil lawsuit against Nawaz and their children, as well as the Punjab government.
The Court of First Instance delivered a decision in favor of the true children of Muhammad Aslam. The petitioners challenged this order, but the Court of Appeals also confirmed the decision of the Court of First Instance.
The petitioners, including Muhammad Nawaz, transferred the LHC Fine Bank where Judge Anwaar Hussain dismissing his statement also confirmed the decisions of the district courts.
Farrukh and Mohsin —Sons of Aslam claimed that total property that measures 818 Kanal, 17 Marlas – of land was bought by his uncle (Nawaz) and his late father (Muhammad Aslam) jointly. However, it was bought on the name of Nawaz, since his father was an employee of the government.
Nawaz, later, transferred the property of the demand that measures 400 Kanal, of the total land bought, in its favor in recognition that the property ownership was bought with the funds of the late Muhammad Aslam.
However, Nawaz was fraudulently as his father in registered events and subsequently manipulated the situation to favor their own children by giving them the same names with the intention of bad appropriate the property of demand. It was stated that the registered facts attested in the realization of the acts of Tamleek, to the extent that Farrukh and Moshin contract with the law, as well as the Shariah and are based on bad trust.
The petitioners, Nawaz and their children, took the defense that the property ownership was bought with funds sent by Nawaz from the United Kingdom.
They argued that the transfer of demand ownership through Tamleek Deeds was always destined for their own children. After framing the issues and the registration of evidence, the Court of First Instance through the Judgment on March 28, 2013 decreed the demand of the respondents, the children of Aslam.
