Case Details

Citation(s)
1961 SLG 1723 1961 SLD 1723 = 1961 PLD 5
West Pakistan
Appeal No. 73 of 1958-59, decided on 20th July 1960, District Montgomery.  
Presented By: Nasir Ahmad, Member, Board of Revenue
Dr. Javaid lqbal for appellant.   Rafrq Ahmed for
Respondent.

BAKHSHI KHAN-Appellant  

VERSUS

  FAZAL MUHAMMAD-Respondent

Law:

Section:

Lambardar-Appointment-Re-arrangement of pattis ending appeals arising out of appointment-Effect.  ORDER   This case relates to the appointment of Fazal Muhammad respondent as Lambardar of Chak No. 133/9L, Tehsil and District Montgomery. Bakhshi Khan petitioner was one of the candidates and the Collector decided in his favour, and he was appointed Lambardar vide his (i.e., the Collector's) order dated 3-11-1956. An appeal was filed by Fazal Muhammad and the learned Com missioner upheld the appeal, and appointed Fazal Muhammad instead. Bakhshi Khan then filed a second appeal before the Board of Revenue and a question arose whether Fazal Muhammad has any property in the Patti to which the appointment related or not. My learned predecessor remanded the case for a fresh decision on this ground. The Collector again appointed Bakhshi Khan on the merits, and the learned Commissioner disagreed with the findings of the Collector on the basis of an assessment of the merits of the two contestants and appointed the respondent instead. Bakhsbi Khan has now come up in second appeal to the Board of Revenue a second time.   The main point which has been argued before me is that Fazal Muhammad was not a land owner in the Patti to which the Lambardari relates. The Collector himself when making the appointment a second time has observed that before 28-2-1957, the date on which the first order of appointment was passed by the Collector, Fazal Muhammad held land in this particular Patti. Subsequently when the case went up to the…
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