Case Details

Citation(s)
1961 SLG 1835 1961 SLD 1835 = 1961 PLD 57
West Pakistan
Revision No. 135 of 1959-60, decided on 7th November 1960, District LYallpur.
Presented By: Nasir Ahmad, Member, Board of Revenue
Kh. Abdur Rahim for Appellant.   Mushtaq Hussain Khan for
Respondent.

INAYAT ULLAH-Petitioner  

VERSUS

  NAWAB ALT-Respondent

Law:

Section:

  Lambardar-Appointment-Conflicting report of revenue officers-Case remanded.   Lambardar-Appointment--Commissioner's order reason able-No interference. ORDER   This order will dispose of both Revenue Revision No. 135 of 1958-59 and Appeal No. 42 of 1958-59 as they are inter. connected.   2. Without going into the somewhat long and chequered history of this case which relates to the Lambardari of Chak No. 662-G.B., District Lyallpur, suffice it to say that the Collector and the learned Commissioner have both taken the view that it is a hereditary Lambardari and for that reason they have made the appointment under Land Revenue Rule No. 17 (ii). There are, however, definitely conflicting reports of revenue subordinates on the extent of area owned by Government in the entire estate, its different pattis and the areas in which the grantees have acquired proprietary rights. The orders of the Collector and the learned Commissioner indicate the position of the constitution of the patti to which this Lambardari relates as follows Collector's order:   Government land .263 acres Proprietary area .276 acres Total ..539 acres Commissioner's order:-   Government land ..264 acres Proprietary area .332 acres Total .596 acres   In addition there is a report dated 16-2-1959 by the village Patwari and attested by the Colony Naib-Tahsildar which gives the constitution of this patti on 29-10-1949 when the Lambardari fell vacant as follows:-   Government land ..402 acres Proprietary area .194 acres Total ..596 acres   Keeping in view these conflicting reports my learned pre decessor called for a further report from the District Officers. This is dated 8-5-1960 and gives an entirely different picture. It reads as follows:-   P L D 1961 W "The entire Chak 662 is owned by Government. There is no proprietary area in it. The Government land left out of these two pattis i.e. in 1936 was placed in patti mushtarka. Afterwards it was steadily auctioned but is still included in Patti mushtarka.   In reply to question No. 2 which was framed by my predecessor as follows:-   "What was the position of the Chak as a…
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