' This is a suo mom revision in exercise of the powers conferred by para. 29 of the Land Reforms Regulation, 1972 and intiated in consequence of a note recorded by the Inspection Team of the Federal Land Commission.
2. The notice appears to have been issued in oversight or ignorance of the fact that pursuant to the objections lodged by the Officer Incharge Sind Inspection Team, Federal Land Commission, the learned Additional Chief Land Commissioner, Sind has already considered these and other identical and linking cases and vide his Order date 17-1-1975, he has upheld the decision of the learned Land Commissioner, Sind who declared all alienations not void. A photostat copy of the order of the learned Additional Chief Land Commissioner has been placed on record. This is therefore a second suo moto revision, and in many a case I have expressed my reservations as to such revisions.
3. However, be as it may, these are two connected and identical cases and they have been consolidated. The declarants alienated some of their land to their nephews Tariq Nabi and Talib Nabi by way of sale by registered deed dated 27.3-1969 and the objections have been raised as to the genuineness of the transactions. Both the alienees Tariq and Talib are minors and their father Nabi Bux Odho is an opulent Zamindar/industrialist of District Jacobabad where, since 1947/48, he has owned Rice Mills. The land was purchased by the father in the name of his two minor sons and he duly paid the entire sum to the declarants.
4. The true copies of the registered sale deed have been placed on record. The registered deeds hear the Sub-Registrar's certificate to the effect that the consideration has been passed in his presence and before Mr. Hyder Bux son of Allah Bux Soomro and Mr. Nek Mohammad Khan Odho - both of whom have witnessed the execution of the deeds. Moreover, the Registration fee has also been duly charged, thus leaving little room, if any, for entertainment of conjecture or doubt concerning the authenicity or the registered deeds or the genuineness of the transactions.
5. The certificate of the Sub-Registrar, Jacobabad shoWS that he sent a copy of the registered deeds to the Mukhtiarkar Garhi Khairo through Deputy Commissioner Jacobabad vide his letter No, 18 dated 23-4-1969. A photostat copy of the certificate has been placed on record. The Inspection Team of the Federal Land Commission ought to know that in the case of sale by registered deed, the Sub-Registrar is required to send the extract of the the registered deed to the concerned Revenue authorities on the basis of which they have to effect mutations. Any delay, failure, shortcoming or dereliction of duty on the part of either the Sub-Registrar or the revenue personnel does not render the declarants or vendees liable for any blame. The frivolous and vexatious objection concerning the belated sanction of mutations is therefore dismissed.
6. Due to the lethargy and recalcitrance of the revenue staff, the mutations were sanctioned much too late, and in the meantime, the land continued to stay in the khata of the declarants.
7. The vendees have paid a price of Rs, 302 per acer which is in consonance with the price then prevailing in the vicinity. A random check of the V. F. VII for deb Sheranpur shows that in August 1969, the price of the land fluctuated between Rs, 111 to Rs, 231 per acre, as specified below {{TABLE}} Date Price Entry Area sold Price per acre. Rs, Rs, 69 18-8-69 8.31 2,000 221 70 -do- 12-37 3.000 231 76 -do- 4-29 1,000 210 114 -do- 13-20 1,500 311 {{TABLE}} ' I therefore adjudge that the price paid by the vendees constitutes adequate consideration.
8. The objections having caved in, both the notices are vacated.