' MANZOOR HUSSAIN SIAL, J.--The petitioner being a declarant filed Form No. LR-VII to avail the concession under paragraph 8(2) of Martial Law Regulation No. 115 for being owner of tractor in good working order. The Deputy Land Commissioner, Sahiwal, vide his order dated 19-12-1972 allowed the concession relying upon the evidence produced by the petitioner that he had purchased the tractor after obtaining loan from the Agricultural Development Bank of Pakistan. The Chairman, Federal Land Commission, however on 21-6-1975 issued notice under paragraph 29 of M.L.R.-115 and recalled the concession on the ground that the permit for the purchase of tractor was not in favour of the petitioner alone.
2. Learned counsel for petitioner contended that observation of the learned Chairman, in the impugned order dated 31-7-1975 to the effect, that the tractor was allowed to be purchased in the name of the petitioner but permit for the purchase thereof was not exclusively in his name, shows that he was influenced absolutely by an irrelevant consideration. The petitioner has succeeded to prove that he was owner of the tractor in good working condition before the Deputy Land Commissioner but his order had been set aside on untenable ground.
3. Learned counsel appearing on behalf of the Chairman, Federal Land Commission could not controvert the contention raised by learned counsel for petitioner.
4. We have considered the case in the light of the contention raised by learned counsel for the parties and find that the learned Chairman, Federal Land Commission was mainly influenced by the fact that permit for the purchase of the tractor was not in favour of the declarant alone. He however ignored the fact that the tractor was purchased in the name of the petitioner. For this ground alone the impugned order is not legally sustainable and is declared to be of no legal effect.
The case is remanded to the Provincial Land Commission for fresh decision in accordance with law after providing opportunity of hearing to the parties. There shall be no order as to costs.