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Setting an example: LHC declares preference in foster of decider illegal
- Updated: December 24, 2016
LAHORE: A decider of a Lahore High Court set an instance by holding a preference opposite his some-more comparison co-worker by dogmatic a Cooperative Housing Society preference in his foster as illegal.
Justice Ibarur Rehman Lodhi announced an sequence released by Circle Registrar (Housing) Nisar Ahmed, who is now portion as Sheikhupura district officer, as illegal.
The CR destined Cooperative Model Town Society to enroll Justice Abdul Sami Khan as a member for owning a two-kanal residential tract in a scheme.
However, CMTS sensitive registrar of a Cooperative Housing Society that a decider purchased a tract from a male who was not a tangible owner. Therefore, a decider could not be postulated membership.
Justice Lodhi is youth to Justice Sami in a LHC. He upheld a sequence on a petition filed by Jalaluddin Muhammad Akbar, Ghulam Moinuddin Javed and Sajid Arif Nomani, who claimed to be a genuine owners of a plot.
Justice Lodhi, in his seven-page order, ruled a CR had upheld a sequence by reopening a matter that had already been motionless by his superior, a registrar. He resolved that a CR was not efficient to free a matter and proceeded in an wholly opposite instruction to his comparison officer.
On Mar 31, 2015, Justice Ijazul Ahsan, now a decider of Supreme Court, had released a stay order, interlude CMTS from enlisting Justice Sami as a member.
The petitioners, by Advocate Ahmed Awais, settled that Justice Sami had allegedly concluded to squeeze a skill from a land grabber. The petitioners pronounced they were a authorised heirs of a late Shehzadi Badshah Begum, who, being a interloper claimant, had been allotted an eight-kanal bungalow on Nov 18, 1959. The petitioners also claimed they were in possession of a land.
Justice Sami, by an advocate, claimed to have a possession of a doubtful property. However, Justice Lodhi ruled that according to CMTS records, a petitioners were members of a multitude and among a 7 people in possession of a doubtful property.
Advocate Ahmed Awais contended that according to a society’s bylaws, no transaction over a sale or squeeze of skill could be done but receiving a no-objection certificate (NoC). He forked out to a decider that an NOC had not been released by a society.
Advocate Awais told a justice that Kamran Sarfraz, a land grabber, had fake a sale help of dual kanals of a skill for Rs2 million. He pronounced that on Jun 25, 2014, Sarfraz apparently sole a land to Justice Abdul Sami Khan for Rs6 million per kanal. He combined a tangible cost of a land is many times higher.
On Sep 9, 2014, Justice Khan filed an focus with a CMTS secretary, seeking for membership to a society. Advocate Awais pronounced that on Dec 29 of a same year, a multitude government replied to a judge, saying, “You have apparently purchased a plots Kamran Sarfraz, son of Sarfraz Khan, who is not an owner/member of a pronounced property.”
Awais pronounced Justice Sami had afterwards filed an focus with a Cooperative Housing Society registrar, requesting him to approach a CMTS secretary to list him as a member.
He pronounced a multitude government after told a registrar that Sarfraz was conjunction owners of a land nor a member of a society. On Dec 2, 2014, a registrar celebrated that he had no office to understanding with a matter, Awais said.
However, a registrar had systematic a multitude to confirm a focus of Justice Khan within dual weeks. Awais pronounced that on Feb 26, 2015, on another focus of a judge, a round registrar destined a multitude to list Justice Khan as a member. The warn pronounced a round registrar lacked a management to pass such an order. He indicted a round registrar of pressuring a multitude to cancel a petitioners’ membership.
Published in The Express Tribune, Dec 24th, 2016.