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Case No.SROR‑1165 of 1981‑82, decided on 14th July, 1986

‑‑S. 164‑‑Land Reforms Regulation, 1972 (M.L.R. 115), para. 18‑‑ Revisional jurisdiction, exercise of‑‑Sale of land by tenant before acquiring rights of ownership‑‑Tenant, held, could not sell land before he became full owner thereof‑‑Sale of late by tenant before acquiring rights of ownership would be ab initio illegal‑‑Such land was ordered to be resumed and disposed of afresh in accordance with policy laid down under para. 18 of Land Reforms Regulation, 1972.

Anwar Baig Mirza for Petitioner.

Respondent in person. Munshi Pandhi Khan, Revenue Tapedar.

This is a revision petition filed against the order, dated 1‑3‑1982 of the learned Commissioner, Hyderabad Division, Hyderabad, whereby he dismissed the time‑barred appeal of petitioner in respect of S.No.48 of Deh Gehilpur, taluka Khairpur Nathan Shah.

2. I have heard both the sides. This is a clear case of violation of Land Reforms Laws. Tenant Mazar could not legally sell this land before he came full owner under MLR‑115. I will not say anything about S.No.56 area 3‑32 Acres granted to him under MLR‑64, which was also sold away by Mazar in 1969 as it is not in dispute before me. But S.No.48 measuring 4‑00 Acres could not be sold by him in bits and pieces in clear violation of Land Reform Laws. Moreover a document produced by the counsel for the petitioner shows that Mazar is only a proxy but this land is being managed by one Haji Saindino of Mehar, said to be a Tapedar, who appears to be behind all allotments made in

favour of Mazar.

3. As the sale of land by Mazar was ab initio illegal, this land stands resumed and should be disposed of afresh in accordance with the policy laid down para. 18 of the Land Reforms Regulation, 1972.

A.A. Order accordingly

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