Case Details

Citation(s)
1957 SLG 163 1957 SLD 163 = 1957 PLD 27
West Punjab
Appellate Side No. 36 of 1955-56, decided on 31st August 19J6, District Sargodha.
Before H. A. Majid, Member Board of Revenue,  West Pakistan

MUHAMMAD ALI-Petitioner

VERSUS

JALAL DIN-Respondent

Law:

Section:

P L D 1957 W. P. (Rev.) 27   (a) Lambardar------   -----Candidate who was Lambardar in East Punjab and other candidate whose elder brother was Lambardar in East Punjab, but who does not claim Lambardari appointment are on equal footings.   (b) Lambardar-----   ----Appointment in place of Non Muslim Candidate whose community is larger in number can be ignored when he is Government servant and is unable to reside in village.   ORDER   H. A. MAJID.-----The points in favour of the petitioner are :-   that he was himself the Lambardar in East Punjab whereas the respondent's elderbrother was a Lambardar, and   that he is an Arain and therefore belongs to the community which has 100 landowners in this estate holding 498 acres against Rajputs whose number is 96 but hold 585 acres.   If the respondent's elder brother now does not claim a Lambardari appointment in this estate or any other estate, the respondent's hereditary claim to a Lambardari appoint ment is firmly established. The result will be that the petitioner will not be able to seek any preference on that account.   There is no doubt that the Arains are lightly larger in numbers than the Rajputs in this estate. But the latter hold a larger amount of land. In any case, the referential right of the petitioner on this account is out-weighed by his disqualification arising…
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