' FAKHR UDDIN G. EBRA HIM, J.-The short question that arises for or consideration in this petition is whether the alienations made by Mst. Afsar Jahan Begum, mother of the petitioner have been rightly held to be void in a suo mutu revision by the Additional Chief Land Commissioner, Sind in his impugned order dated 14th October, 1974.
2. The other question that arises for or consideration is whether this order of the Additional Chief Land Commissioner in so far as it relates to alienations made by the petitioner Mst. Naushaba Begum is concerned, it has been rightly acted upon by the Deputy Land Commissioner in his consequential order dated 12th June, 1975.
3. Mst. Afsar Jehan Begum had purchased 471-14 acres of agricultural land, particulars of which are given in paragraph 1 of the petition which land had been surrendered by her under M. L. R. 89/91.
Under the terms of this purchase the price was payable in instalments. Mst. Afsar Jehan Begum during her lifetime sold the aforesaid 471'14 acres of land under an unregistered sale deed which alienations have been held not to be vilid by the Additional Chief Land Commissioner on the ground that prior permission of the Collector was not obtained and full price had not been paid by Mst. Afsar Jehan Begum to the Government under M. L. R 89/91.
4. Mr. Nasir Aslam Zahid, the learned counsel for the petitioner invited or attention to the following instructions issued by the Federal Land Commission appearing at page 199 of the Manual which read as follows :- "The matter rejecting transfers of land acquired under M. L. R. 89/91, was taken up with the Federal Land Commission.
(2) The decision of the Federal Land Commission taken in this regard as conveyed vides their letter No, F-7 (4)/PLC/73 dated 20th August, 1973 is reproduced below : ' In case of sale or sale agreement, where the prior permission of the Collector was not obtained, all such transactions are to be reopened and thoroughly scrutinised by the Land. Commissioner and if they are found to be genuine, they may be confirmed in spite of the fact, that the permission of the Collector was not obtained. However, gifts made by the grantees of land under M. L. R. 89/91, should be treated as void and all such lands should be resumed immediately and a compliance report sent to the Federal Land Commission.
(3) Sind Land Commission has been pleased to decide that the above order of the Federal Land Commission should be complied with." ' and the argument- was that the occasion to apply for permission would only arise if full price for re-purchase under M. L. R. 89/91 had I not been paid for, and under the aforesaid instructions it was not open ' to deny validation of an alienation made of repurchased land under M. L. R. 89/91 without the prior permission of the Collector, the alienation was otherwise found to be in order. It may be noticed that the Land Commissioner, Khairpur Division, whose order was subject-matter of suo motu revision, held the alienations to be bona fide. The impugned order does not question this finding but merely proceeds on the basis that the alienations ought not to have been validated for want of permission from the Collector and for the reason that full price had not been paid to the Government under M. L. R. 89/91.
5. Our conclusion, therefore, is that the alienations made by Mst. Afsar Jehan Begum, to be precise of 417'14 acres of land, were not open to question by the Additional Chief Land Commissioner on the ground of want of permission from the Collector or for the reason that its full price had not been paid by the alienor.
6. Coming to the order made by the Deputy Land Commissioner, dated 12th May, 1975 while implementing the order of the Additional Chief Land Commissioner dated 14th October. 1974 the grievance of the petitioner is that the Additional Chief Land Commissioner had validated the sale of 626'30 acres of land by the petitioner Mst. Naushaba Begum situated in dehs Abrar, Abejee Khander and Jaskani while the Deputy Land Commissioner while implementing this order accepted alienations in two delis only. If the entire 626'30 acres alienated lands are situated in the aforessid for dehs then it is quite clear to us that the entire alienations have been held to be valid by the Additional Chief Land Commissioner and in the consequential order the Deputy Land Commissioner was not entitled to limit the validity of the alienations to two dehs only. In any event for the reasons given in relation to alienations made by Mst. Afsar Jehan Begum, the alienations made by Mst. Naushaba Begum also would be valid.
7. This petition is, therefore, allowed in terms aforesaid with costs.