' This is a suo moto revision in exercise of the powers conferred by para. 29 of the Land Reforms Regulation, 1972 and initiated in consequence of a note recorded by the Inspection Team of the Federal Land Commission.
2. The only objection raised in the Inspecticn note pertains to the sale of 38-26 acres of land in deli Saharpar of Taluka Tando Allahyar by way of registered deed dated 8-11.1968 which is alleged to be in contravention of the provisions of the Repealed Ml R-64 and Para. 24 of the MLR 115, Para. 24 (1) roads as under: "No person owning more than the area of an economic holding shall be allowed to alienate by sale, mortgage, gift or otherwise any portion of his holding which may reduce the size of his holding to an area below the limit of an economic holding Provided that such a person may alienate his entire holding. "The word" owning "has been employed throughout the para. 24 (1), (2) (3) , and (4) which means that this provision applies only and exclusively to "owners" of land. The owner has been defined at para. 2 (6) as under: "Owner" includes a person deemed to be an owner under subsection (4) of section 184 of the West Pakistan Land Revenue Act, 1967 (West Pakistan Act XVII of 1967)." Section 184 (4) reads?
"Notwithstanding anything to the contrary contained elsewhere in this Act, or in any other law, or in any order or decree of a Court or other authority, or in any rule of custom or usage, or in any contract, instrument, deed or other document, any person who, immediately before the commencement of this Act, was the holder of any land under the provisions of the Bombay Land Revenue Code, 1879 (Bombay Act V of 1879), or the Sind Land Revenue Code, 1879 (Sind Act V of 1879) as the case may be (hereinafter in this subsection referred to as the Code), shall - (a)If such land (whether alienated or unalienated) was shown on the thirty-first day of December, 1927, in the Record of Rights prepared under the provisions of the Code to have been in the possession of an occupant, other than a lessee or mortgagee in possession, or if any person was shown to have proprietary rights therein, be deemed to be the owner of such land for the purposes of this Act ; (b)If such land was granted by Government to any person on or after the first day of January, 1928, otherwise than on lease -
(i) be deemed, if he has paid the full price on which the land was granted to him, the owner of such land, and be subject to all the rights and liabilities of a proprietor under the Colonization of Government Lands (Punjab) Act, 1912 (Punjab Act V of 1912) ; and
(ii) be deemed, if he has not paid the full price on which the land was granted to him, a tenant of the Government under Colonization of Government Lands (Punjab) Act, 1912 (Punjab Act V of 1912) on the conditions on which the grant was made t provided that on such person paying the full price on which the land was granted to him in accordance with the conditions of land within the period provided in the grant, the provision of sub-clause (i) shall apply."
3. Therefore according to section 184 (4) (b) (1) the ownership right are conferred only, and only if, the land has been fully paid for. Where the full price for the land has not been paid by the grantee, he will be deemed - a tenant of Government.
4. The declarant purchased 46-27 acres of land from the Land Commission in 1961 on instalment basis. The instalments were completed in 1974 and to date, there is no entry in the Record of Rights for this land in the name of the declarant/grantee. The Record-of-Rights still shows it as Government land, and the declarant was not therefore the "owner" of this land within the scope and meaning of para. 24 of the Land Reforms Regulation, 1972 which expressly mentions the "owner". Since the declarant was not the "owner" at the relevant and material time, i. e. 8-11-1968, the land held by him as grantee cannot be added or attributed to his Khata.
38.26 acres is the only land shown in the khata of the declarant in deli Saharpar of Taluka TandoAllahyar and he sold the same by registered deed dated 18-11-1968.
5. (a) The Inspection Team have erroneously added to the declarant's holding, the land granted by Government on instalments. The declarant's holding for the purposes of Para. 24 was only 38-26 acres and not 85-13 acres (38-26 + 46-27 acres) and he sold his entire "estate" (i. e. 38-26 acres "owned" by him in deh Saharpar) as defined in para. 2 (2) of Land Worms Regulation, 1972.
(b) Estate has been defined in section 4 (9) of the West Pakistan Land Revenue Act, 1967 which reads as follows:- "estate" means any area-
(i) for which a separate record-of-rights has been made ; or
(ii) which has been separately assessed to land revenue ; or
(iii) which the Board of Revenue may, by general rule or special order, declare to be an estate ;"
6. (a) Whereas, there is no entry in the Record-of-Rights in the name of the declarant/grantee, he was not then, and cannot be upto the crucial date I. e. 20-12-71 deemed to be the "owner" within the scope and meaning of Para. 24 (1) ; and
(b) Whereas the declarant sold his entire "estate" as envisaged in Para. 2 (2) read with Para. 24 ; no infringement of any provisions, let alone Para. 24 of the Land Reforme Regulation, 1972 has taken place.
7. The alienation by way of registered sale deed dated 8-11-68 is declared not void and the notice is, therefore vacated.