1. ' Ajmal Mian, J.--Mr.Nasrullah Awan, Advocate states that he was appearing for the official respondents in the above petition but the file has been withdrawn from him and, therefore, he states no instructions. The present petition is directed against the order dated 17th December,1976, whereby alienation of sale made in favour of petitioners Nos.2 and 3 by petitioner No,1 has been held void though the same was held as valid by the Deputy Land Commissioner, Sind. In the impugned order the alienation has been held to be invalid on the ground that it was made orally and there was no sale-deed registered and also on the ground of inadequacy of consideration.
2. The first ground found favour with the respondent No,2, namely, that the sale was effected orally and not by registered document, has been subject-matter of a number of judgments of inter alia of this Court in which it has been held that mere non-execution/registration of sale-deed would not invalidate a sale transaction if de facto the purchaser was exercising the right of an owner after having the possession of the land in pursuance of an oral sale or in pursuance of an agreement for sale without execution and registration of the sale-deed. In this regard reference may be made to the latest case, namely, Sachunand and another v.
3. 0.S.D., Federal Land Commission and others PLD 1981 Kar.
393. The second ground, namely, inadequacy of consideration alone itself has been held not sufficient to invalidate the transaction for the purpose of M L R 115. In this regard reference may be made to the case of Abdul Hamid Khan v.
4. 0.S.D., Federal Land Commission 1981 CLC 719.
5. ' We, therefore, allow the petition and declare the impugned order as being without lawful authority and of no legal effect. The respondents are restrained from acting upon the above order.