Lahore:
The High Court of Lahore (LHC) rejected the appeal of a man who, while transferring good to his nephews, declared himself as their father in the act of Tamleek and then gave his own sons the same names as his nephews in an attempt to acquire property by disappointment.
There were two real distress: the petitioner Muhammad Nawaz and Muhammad Aslam. Nawaz gave property of 400 kailles in 1975 to two minors, namely – Muhammad Farrukh and Muhammad Mohin alias Nijal, who were the sons of Muhammad Aslam.
However, he has fraudulently shown himself as their father in recorded acts. Subsequently, he tried to manipulate the situation to promote his own sons by giving them similar names.
This arrangement continued undisputed for years during the life of Muhammad Aslam. Years later, the donots – Farrukh and Mohin, the sons of Aslam – instituted a civil prosecution against Nawaz and his sons as well as the Punjab government.
The court of first instance rendered a decision in favor of the real sons of Muhammad Aslam. The petitioners challenged this order, but the Court of Appeal also confirmed the decision of the Court of First Instance.
The petitioners, including Muhammad Nawaz, then moved the Multan LHC bench where judge Anwaar Hussain rejecting his plea also confirmed the decisions of the district courts.
Farrukh and Mohin – Aslam sounds – have realized that the total property measuring 818 Kanal – 17 Marlas – of land was bought by their uncle (Nawaz) and their late father (Muhammad Aslam) jointly. However, he was bought on behalf of Nawaz because their father was an employee of the government.
Nawaz, later, transferred the ownership of the combination measuring 400 Kanal, to the total land bought, in their favor as a recognition as the property of the combination was purchased with the Fire Muhammad Aslam funds.
However, Nawaz has fraudulently shown himself as their father in recorded acts and, subsequently, manipulated the situation to promote his own sons by giving them the same name with the intention of disbidating the property of the combination. It was declared that the recorded acts attested under acts of Tamleek, commensurate with the filiation of the Farrukh and Moshin are against the law as well as Sharia law and are based on Mala Fide.
The petitioners – Nawaz and his sons – have defined that the property of the combination was bought with funds given by Nawaz from the United Kingdom.
They argued that the transfer of the property of the combination via the acts of Tamleek was always intended for its own wires. After having supervised the questions and the registration of evidence, the trial court of judgment on March 28, 2013 decreed the continuation of the respondents – the sons of Aslam.
