Law: Punjab Tenancy (Amendment) Act (VII of 1952)

Section: 8

(a) Lambardar-----   ----Appointment against vacancy caused by migration of non-Muslim Lambardar-No weight to districts of origin of settlers can be given.   (b) Lambardar------   ---Appointment--Collector exercised his choice in reasonable manner-Should not be upset. ORDER   This is a petition against an order of the Commis sioner Multan Division, dated 12th July 1955 by which he accepted the appeal of Muhammad Alam, respondent from the order of the Collector, Nili Bar Colony Pakpattan, dated 25th December 1954 and appointed him a Lambardar in place of the petitioner.   I have heard Khawaja Abdur Rahim for the petitioner and Shahzada Feroze-ud-Din for the respondent.   The Lambardari belongs to Chak No. 171/E. B. Nili Bar Colony Pakpattan and occurred owing to the migration of non Muslim Lambardar. Rahim Bakhsh, petitioner was appointed a Lambardar by the Collector on the ground that large number of Arain refugees, who constituted the predominant tribe in this village came from Jullundur District to which Rahim Bakhsh belongs. It was also found that he had been allotted a larger area than other Arains of Jullundur i.e., 121 acres. The learned Commissioner, however, correctly took the view that there was no authority for giving weight to the districts of origin of settlers. In view of this consideration as well as the fact that Muhammad Alain was found by the Commissioner to hold more land than Rahim Bakhsh and because of his better personal record of service to the administration, his appeal was accepted.   The learned counsel for the petitioner has argued before me that in fact the learned…