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Petition No. D‑347 of 1977, decided on 2nd September, 1981.

‑‑Para. 8 (2) (i)‑Tractor concession‑‑Tractor available with petitioner but not registered with Police Department‑Held, non- registration of tractor in name of owner does not defeat entitlement to land.

Shaft Muhammad v. Federal Land Commission 1979 C L C 91 and Mst. Fatima v. Additional Chief Land Commissioner, Sind 1981 C L C 942 fol.

Imornali Kazi for Petitioner

Respondents (absent)

Date of hearing: 2nd September, 1981,

By the present petition Mst. Naushaba Sultana seeks to impugn an j order of the Officer on Special Duty, Federal Land Commission in Suo Motu Revision Case No. 249/ FLC/75 dated 31st December,‑ 1976. We have beard Mr. Imam Ali Kazi for the petitioner. None appears for the respondent.

The facts in the case are very simple and identical to the facts in the case of Shaft Muhammad v. Federal Land Commission (1979 C L C 91) and the case of Mst. Fatima v. Additional Chief Land Commissioner, Sind (1981 C L C 942). The patent position in the case is that the petitioner had a tractor but had not got it registered with the Police Department. The learned Officer on Special Duty has clearly stated that a tractor was available with the petitioner. In such circumstances in the two other cases it has been held by Division Benches of this Court that the mere fact of non‑registration of tractor in the name of owner does not defeat his entitlement to land as is allowed by paragraph 8 (2) of Land Reforms Regulation 1972 (Martial Law Regulation No. 115)]. Following the two decisions we do hereby declare that th impugned order is without lawful authority and of no legal effect. There shall be no order as to costs since the respondents are not contesting.

K.M.A. Petition accepted.

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