Case Details

Citation(s)
1961 SLG 1966 1961 SLD 1966 = 1961 PLD 98
West Pakistan
  Appellate Side No. 29 of 1960-61, decided on 22nd June 1 61, District Sialkot.
Presented By: Nasir Ahmed Member Board of Revenue

FAZAL DIN-Appellant  

VERSUS

  BASHIR AHMAD-Respondent

Law:

Section:

  Lambardar-Appointment-Dogars of Gurdaspur and Hoshiarpur Districts-Occupyingarea on both sides of river Bias forming boundary between two districts-Dogars on both sides of river having social relationships and Intermarrying-Dogars of two districts not treated as two separate communities.   Lambardar--Appointment -Age not an important factor as against experience andunderstanding of social and human relationships   ORDER   The Collector, Sialkot district, appointed Fazal Din as Lambardar of Piro Chak, Tehsil Daska. The Collector seems to have been influenced by the fact that Fazal Din owned 13 acres of land and was the biggest of all the candidates. Besides there was nothing which militated against his appointment. The learned Additional Commissioner intervened in favour of Bashir Ahmed, respondent who owns only three acres of land in' this estate. Bashir Ahmad had claimed that his father was a Lambardar in India before Independence though there is no evidence to this effect on record of the case except mere assertion by the candidate himself. The learned Addition Commissioner, however, seems to have accepted this assertion. He also seems to have been influenced by the fact that the large majority of Dogars who migrated to this village belonged to district Gurdaspur and Bashir Ahmad belonged to this district whereas the appellant Fazal Din was a Dogar of Hoshiarpur district. Thirdly the learned Additional Commissioner has remarked that BashiryAhmad is a smart young man and presumably for that reason also preferable to his rival. These three factors influenced him in accepting the appeal…
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