Law: Punjab Land Revenue Act, 1887

Section:

  (a) Lambardar-Candidate not owning land in Patti-Not entitled to be appointed.   P L D 1950 Pb. (Rev.) 65 rel.     P L-D 1957 W P (Rev.) 56 not fol.   (b) Punjab Land Revenue Act (XVII of 1887), S. l5-Review Lalv-point decided-Review competent.   ORDER   The respondent Nizam Din was appointed Lambardar of Patti Ganga Singh village Bath, Distrist Lahore. Muhammad Alam petitioner, who wag one of the contestants went up in appeal to the Commissioner and in revision to Mr. M. Z. Khan, my learned predecessor, but failed at both places. An application for a review of Mr. M. Z. Khan's order has now been filed and the only ground that has been urged before me is that the respondent at the time he was appointed Lambardar did not held land in Patti Ganga Singh and acquired it, if at all, on a subsequent date. As a matter of fact the records indicate that he did so as recently as 2-12-1960. The appointment, it is contended was thus illegal and in this connection reliance is placed on the ruling given by Mr. Miles Irving F. C. in R. O. A. No. 4 of 1933-34 Jagan Nath v. Dewa Singh reported in (P L D 1950 Pb. (Rev.) 65), This ruling has continued to be followed and has become law on the subject. My learned predecessor held that this point viz., absence of any property in the Patti was not raised before the Collector or the Commissioner and was an after thought, and this was an important legal issue, and it should have been raised at the earliest. As a matter of fact the plea was taken up before the officers below as the order passed by the learned Commissioner clearly indicates. The material facts i.e., absence of…