Law: Land Reforms Regulation, 1972

Section: 7 , 8 , 199

Land Reforms Regulation, 1972 (M.L.R. 115)--- ----Paras. 7 & 8---Constitution of Pakistan (1973), Art. 199---West Pakistan Motor Vehicles Ordinance (XIX of 1965), S.2 (14)---Resumption of land of declarant by Federal Land Commission---Earlier, Deputy Land Commissioner had allowed petitioner to retain additional land on basis of ownership of tractor (which was in working condition) in terms of para. 8, Land Reform Regulation 1972-federal Land Commission, however, found that said tractor having not been registered in terms of provisions of Motor Vehicles .Ordinance, 1965, petitioner could not be considered owner thereof---Petitioner exercised his option to surrender that part of land which he had sold to vendees and which transaction had subsequently been declared to be of no legal effect---Validity---Paragraph 8, Land Reforms Regulation 1972, does not postulate that only a person registered as owner of tractor could claim benefit of Land Reforms Regulation, 1972, in terms of the para ---Legal requirement is that declarant must be the owner of a tractor which had been certified to be in good working condition by an officer authorised by the Land Commissioner in that behalf---Deputy Land Commissioner had on basis of report of Revenue Field Staff come to factual conclusion that petitioner being owner of tractor was entitled to benefit of para. 8, Land Reforms Regulation, 1972---Federal Land Commission had misdirected itself by holding that unless tractor was registered in the name of the owner, he could not claim benefit of para. 8, Land Reforms Regulation, 1972---Declarant was thus, entitled to retain additional land in terms of para. 8, Land Reforms Regulation, 1972---Persons to whom declarant had sold his land and had received consideration from them and which land stood entered in their names their land should not have been taken away from them without show-cause notice ---Vendees were also entitled to retain their land.   Syed Zulifqar Ali Shah v. The Chairman Federal Land Commission. Islamabad 1987 CLC 2092; Nawab Mir Allah Dad Khan v. Officer-On-Special Duty FLC, Joint Secretary, Federal Land Reforms Secretariat, Islamabad 1989 MLD 3583; Mir…