| Citation(s) |
|---|
| 1957 SLG 192 1957 SLD 192 = 1957 PLD 51 |
West Punjab
Appellate Side No. 36 of 1955-56, decided on 31st August 1956, District Sargodha.
Before H. A. Majid, Member, Board of Revenue, West Pakistan
Appellate Side No. 36 of 1955-56, decided on 31st August 1956, 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.) 51 (a) Lambardar----- ----Appointment-Candidate's brother who was Lambardar in East Punjab not claiming Lambardari appointment-Candidate is entitled to take advantage of his hereditary claim. (b) Lambardar----- ----Appointment-Government servant may not be appointed. 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 who number 96 but hold 585 acres. If the respondent's elder brother now does not claim 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 A petitioner will not be able to seek any preference on that account. There is no doubt that the Arains are alightly larger in numbers than the Rajputs in this estate. But the latter hold a larger amount of land. In any case, the preferential right of the petitioner on this account is outweighed by his disqualification arising from the fact that he is a Government servant and…