Law: Punjab Land Revenue Act, 1887

Section: 13

  Punjab Land Revenue Act (XVII of 1887), S. 13-Second appeal lies only on grounds of law. 1918 L L T 9 ref.   Punjab Land Revenue Act (XVII of 1887), S. 13-Com missioner reversing decisionof collector as perverse unreason able and based on wrong assumptions-No interference in second appeal. ORDER   The appellant Fazal Elahi who is a retired havaldar was appointed Lambardar of village Gajju Hatta, district Multan by the Collector. Muhammad Ishaq, respondent, who was one of the contestants for the post went upto the Commissioner who accepted his appeal, set aside the order of the Collector and appointed him (Muhammad Ishaq) Lambardar instead. In a somewhat detailed order the Commissioner assessed the merits of the two candidates in the light of rule 15 of the Land Revenue Rules came to the conclusion that the Collector's choice could not be considered reasonable. Fazal Elahi has come up in second appeal under section 13 of the Land Revenue Act.   The Collector when appointing Fazal Elahi seems to have been influenced amongst others by three facts. An allegation was made that the rival claimant was a defaulting temporary Lambardar. According to the Commissioner this should not have been given much weight as most of the amounts due were on account of evacuee rents and rehabilitation fees, the efficient collection of which is almost impossibility. The Collector was also influenced by a Police report made against the respondent in 1943. This is definitely an old report and should have been dis regarded even if correct. In this particular case, however, the respondent had protested that Muhammad Ishaq concerned was…