Law: Limitation Act, 1908

Section:

  Limitation Act (IV of 1908), S. 5-Delay of every day to be explained.   Lambardar-Appointment-Hereditary claim-To be con sidered at time of appointment among other factors. ORDER   This order will dispose of both the Revenue Appeal No. 19 of 1959-60 (Buniad Ali v. Karam Bakhsh) and Revision No. 74 of 1959-60 (Abdul Majid v. Karam Bakhsh), as they relate to the same Lambardari, the facts of which are as follows :-   There were two non-Muslim Lambardars in Chak No. 13/1-AL District Montgomery and on their evacuation to India the Collector .appointed one Sardar Ali and the present appellant Buniad Ali. It is the latter's Lambardari which is in dispute. Abdul Majid the other petitioner was also a candidate for this Lambardari but he withdrew in favour of Buniad Ali whom the Collector appointed mainly on the ground that he represented the Major community and came of Lambardari stock. Karam Bakhsh respondent and Abdul Majid both appealed to the Commissioner who intervened on the ground that hereditary claims were not the deciding factor and the mere fact that Abdul Majid who was the direct descendant of a Lambardar had relinquished his claim in favour of his near collateral Buniad Ali, was not to be given that weight which the Collector had given. in making this appointment. This factor was merely one of the several ones which had to be taken into consideration. He then proceeded to assess the merits of the various claimants in terms of Land Revenue Rule 15 and came to the conclusion that Karam Bakhsh the present respondent was clearly and decidedly the best of the candidates in the field. As regards the, strength and importance of the various communities the Commissioner was at some pains to get the facts verified and came to the conclusion that the Arain community to which the respondent belonged was decidedly in a better position. He thereupon accepted the appeal and appointed Karam Bakhsh instead. Buniad Ali has filed a second appeal and Abdul Majid has filed a revision petition against that order.   A preliminary objection has been taken in the appeal that it is time-barred. Under section 14 of the Land Revenue Act time runs from…