' MALIK MUAHMMD QAYYUM, J.---The dispute raised in this Constitutional petition is as to whether a transaction which is violative of Land Reforms Regulation No,64 is void in its entirety or only to the extent of fraction by which the holding is reduced to less than economic or subsistence holding.
2. This question has been decided by the Honourable Supreme Court in Chief Land Commissioner, Punjab, Lahore and others v. Ghulam Mehr and others 1986 SCM R 286 wherein it has been held that transaction as a whole is not void and it will be only an identified portion which would be hit by the provisions. Relevant observation appearing in paragraph No,13 of the judgment may be reproduced for advantage:- "It is clear from this law that on the ground of public policy, in advancement of the larger interest of the country's agricultural economy the law had declared certain transactions void and directed all authorities concerned not to permit such an alienation. It restricted the contracting power of the parties. The intention of the law is clear. The consequence of violating the requirements of law was also provided. The restriction was on alienation of 'portion of his holding' which had the effect of reducing his holding to an area less than the area of subsistence holding. Even this was qualified by a proviso that he could alienate his entire holding. Where he was not selling his entire holding the taint or vice attached by the law was confined only to that portion of the land belonging to him which had the effect of reducing the holding below subsistence. The law itself preserved the principle of severability of the transaction and declared the alienation of severed and identifiable portion to be a void transaction. It did not render the entire transaction void nor was there any principle of public policy discernible in rendering the entire transaction of alienation of both valid and invalid parts as void. On the plain language of the law such is the consequence."
In view of the above position, this writ petition is allowed and order, dated 1-10-1981 passed by the Chief Land Commissioner, Punjab is declared to be without lawful authority and of no legal effect.
As a result of this declaration, the holding of the petitioners would stand reduced only to the extent it violates paragraph No,25 of the Martial Law Regulation No,64. No order as to costs.