1987 PLP 32 (CLC)

No. RP.2(343)/FLC of 1985, decided on 26th February, 1986. ‑‑‑Paras. 7(1)(b) & 29‑‑Sale transaction in favour of heirs‑‑Bona fides of transactions‑‑Jurisdiction of Land Commission‑‑Sale transactions in favour of heirs having been made in accordance with law and entered n revenue record as such together with evidence of actual possession and payment of land revenue in respect thereof, by vendees, there could be, held, no reason to question bona fides of transactions‑ Vendee's close relationship with vendor or absence of evidence regarding source of financing the transactions were not matters within purview of para. 7(1)(b) of Regulation, 1972‑‑Transactions in favour of heirs were declared to be valid by Federal Land Commission in exercise of revisional jurisdiction. Imam Ali G. Kazi for Petitioners. This case has been remanded to the Federal Land Commission by the High Court of Sind vide their order, dated 13‑12‑1983 in Constitutional Petition No. L‑108 of 1982 with the direction that the case should be decided afresh in the light of the guidlines contained in Explanation III under paragraph 7(1) of the Land Reforms Regulation, 1972 (M.L.R. 115). While scrutinising the declaration filed by Jalaluddin Zafar under M.L.R. No. 115, the Land Commissioner, Sind, Hyderabad had, vide his order, dated 7‑7‑1972, declared alienations by sale transactions made by the declarant in favour of his two sisters (petitioners Nos. 2 and 3), on 11‑1‑1971 as bona fide and valid for purposes of the Land Reforms Regulation. The Additional Chief Land Commissioner Sind, however, vide his order, dated 31‑12‑1974, in exercise of his suo motu revisional powers, declared the said sale transactions as void and set aside the order of the Land Commissioner, dated 7‑7‑1972. The Additional Chief Land Commissioner's order was challenged by the petitioners through a revision petition which was dismissed by Member, Federal Land Commission vide, his order, dated 22‑4‑1975 and a constitution petition against this order was allowed by the High Court of Sind vide their judgment, dated 17‑9‑1979 and the case was remanded to the Federal Land Commission for disposal in accordance with law. On remand, the Member Federal Land Commission vide, his order, dated 15‑11‑1981 held the sale transactions in question as invalid on the grounds that the sale transactions were between close relations and that the alienees were minors and there was nothing on the record to show the source of financing the supposed purchase of the land. It is this order of the Federal Land Commission which has been set aside by the present order of the High Court and the case remanded for fresh hearing.

2. Counsel for the petitioners and head of the Federal Land Commission Inspection Team were heard and the relevant revenue record was examined in their presence. The learned counsel for the petitioners argued that the criteria laid down in Explanation III to clause (1) of para. 7 of M.L.R. 115 have all been met in case of the sale transactions in question. He contended that the adequacy of consideration in the sale transactions has not been questioned at any stage. The land sold by the declarant to petitioners Nos. 2 and 3 was under the management of the latter as shown by the relevant entries in the Khasra Gardawari. This fact was conceded by the head of Federal Land Commission Inspection Team. Counsel for the petitioners also produced in Court receipts for land revenue paid on behalf of petitioners Nos. 2 and 3 for 1970‑71 and 1971‑72 crops which also shoed that the sale transactions had been completed and possession had been transferred. Head of the Federal Land Commission Inspection Team admitted that possession of the petitioners Nos. 2 and 3 over the land in question has not been challenged by the team.

3. After hearing the counsel for petitioners and examining the land revenue record I find that the two sale transactions made by the declarant in favour of his sisters (petitioners Nos. 2 and 3) in respect of 152‑02 Acres in village Khinyari and 42‑27 Acres in village Kandvari, Taluka Faiz Ganj, District Khairpur, are genuine and entered in the record of rights through Mutations Nos. 1 and 4, dated 11‑1‑1971 respectively attested in accordance with law. No allegation has been made to the effect that the transactions were either bogus or mala fide. The sale transactions having been made in accordance with law and entered in the revenue record as such together with the evidence regarding actual possession and payment of land revenue in respect thereof by the vendees produced before the Court, there is no reason to question the bona fides of the transactions. The vendees' close relationship with the vendor or absence of evidence regarding the source of financing the transactions are not matters within the purview of paragraph 7(1)(b) of Land Reforms Regulation, 1972 I, therefore, declare the said transactions as valid for purposes of the Regulation and accept the revision petition. In the result, the order of the Land Commissioner, Sind, dated 7‑7‑1972 is hereby restored. A . A . Revision accepted.