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Land Reforms Regulation, 1972 [M.L.R. 115]-----Para. 20)(b)--Order passed by Member, Federal Land Commission based on mere surmises and conjectures and conclusion drawn not necessarily flowing from revenue record--Case, held, rightly remanded by High Court to Federal Land Commission for fresh decision according to law. Ch. Akhter Ali, Advocate-on-Record for Appellant. Mushtaq Masood, Advocate Supreme Court for Respondents. Date of hearing: 6th May, 1984. JUDGMENT ABDUL KADIR SHAIKH, J.--Facts of this case briefly stated are that Mst. Aziz Begum, 'first respondent, owned considerable agricultural land in Taluka Sinjhoro, District Sanghar, and on the promulgation of the Land Reforms Regulation, 1972 she filed a declaration disclosing that she had made a joint gift of her agricultural land to favour of five persons under Mutation No. 147-A dated 26-1-1968. The Deputy Land Commissioner after scrutinising the record made a report to the Land Commissioner, Sind who, by the order dated 19-10-1972, declared that the gifts made in favour of two daughters, second and third respondents, were valid, but those in favour of others were invalid, being hit by the Proviso to paragraph 2(i)(b) of the Regulation The case, however, went up further before the Federal Land Commission in suo motu revisional jurisdiction, and the learned Member Commission who dealt with it held by the order dated 26-11-1980 the alienations of gifts were also invalid. Respondents challenged the order of the Member, Federal Land Commission in a petition under Article 199 of the Constitution before Sind High Court, which was allowed for the reason that the learned Judges of the Division Bench of the High Court held that the findings recorded by the learned Member, Federal Land Commission "are based on surmises and conjectures, on the basis of personal impression gathered from the revenue record", rather than documents on record. On…

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