Case Details

Citation(s)
1957 SLG 167 1957 SLD 167 = 1957 PLD 31
West Punjab
Appellate Side No. 39 of 1955-56, decided on 5th October 1956, District Shahpur.  
Before H. A. Majid, Member Board of Revenue, West Pakistan
Sardar Muhammad Iqbal, Advocate assisted by Muhammad Akbar Cheema, Advocate for
Respondent,

MUHAMMAD SARWAR-Petitioner

VERSUS

UMAR DIN-Respondent

Law:

Section:

P L D 1957 W   P L D 1957 W. P. (Rev.) 31         (a) Lambardar------   ----Appointment--Candidate with hereditary claim should be preferred.   (b) Lambardar------   ----Appointment-Mere fact that candidate is educated is no ground for preference over illiterate candidate.     ORDER   The petitioner was the selection of the Collec tor but the Commissioner intervened and preferred the respondent to him.   The respondent was admittedly a Lambardar in India before his migration to Pakistan. The petitioner has a very devious claim to a hereditary Lambardari. He claims that-   his grand-father's younger brother Umar Din was a Lambardar at the time of migrations.   The said Umar Din had been appointed Lambardar because his elder brother haddied during the life-time of his father.   Umar Din's grand-son Muhammad Ashraf Pervez has stated that the Lambardari really lies in the line of the petitioner and   There is evidence by way of affidavits in support of what is stated above.   There is one weakness in this claim of the petitioner Muhammad Ashraf Pervez has not stated that he would never seek a Lambardari in Pakistan on the basis of his hereditary claim. He has younger brothers who are minors and they have not made any statements of that kind. In these circum stances, it cannot be stated with any degree of certainty that the petitioner has established his hereditary claim to a Lambardari post. I would…
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