MUHAMMAD ASLAM and others vs OMAID ALI and others
This matter concerns a petition for leave to appeal against a finding that the petitioners had manipulated official revenue records to establish tenancy over resumed land. The core legal question was whether the petitioners, having been previously adjudicated as having colluded with revenue staff to forge entries while one of them held a position as a clerk in the Deputy Commissioner's office, were entitled to equitable relief. The Supreme Court held that the petitioners were disentitled to any relief in equity due to their established conduct of forgery and manipulation of official records. The Court maintained the previous findings of the Chairman, Federal Land Commission, and the subsequent judgments of the Lahore High Court and the Supreme Court itself, which had already confirmed the fraudulent nature of the petitioners' claims. The key principle laid down is that a party who has been judicially determined to have manipulated official records through collusion and exploitation of their official position is barred from seeking equitable relief from the court, as such conduct disentitles them to the exercise of the court's discretionary jurisdiction.
- Are petitioners who have been found to have manipulated official records entitled to equitable relief?
- Does the exploitation of an official position to manipulate revenue records disentitle a party from seeking relief in equity?
ORDER
' Muhammad Aslam petitioner before us was a clerk in the Deputy Commissioner's Office at the relevant time while Ghulam Mustafa who is now substituted by his heirs was his father. There was a finding of the Chairman, Federal Land Commission through his order, dated 3-1-1976 passed in suo motu Revision No,65/FLC of 1975 that Muhammad Aslam, as mentioned above, was a clerk in the Deputy Commissioner's office and had manoeuvred entries regarding his and his father's tenancy over the resumed land in question through manipulation and collusion with the revenue staff. This finding of the Chairman, Federal Land Commission was maintained by a learned Judge in Chambers of the Lahore High Court through an order, dated 22-11-1980 passed in Writ Petition No,501 of 1976 which judgment of the High Court was maintained by this Court through a judgment dated 18-5-1983 passed in Civil Appeal No,148 of 1981.
2. Since the petitioners were declared forgers and manipulators of official record in collusion with the revenue staff through exploitation of the position which Muhammad Aslam, petitioner then held, the petitioners stand disentitled to any relief in equality. This petition is liable to be dismissed on this short ground and is accordingly dismissed. Leave refused.