Law:

Section:

(a) Lambardar------   ----Appointment-Candidate too old to be able to discharge duties-Should not be appointed.   (b) Lambardar ------   ---- Appointment - Tribe or community- to which candidate belongs is most important though not determining factor f or consideration.   ORDER   A. K. MALIK.--------Maula Bakhsh petitioner was appointed Lambardar of Chak No. 277 J. B., Tahsil Toba Tek Singh, District Lyallpur on the migration of the non-Muslim Lambardar of this village. On appeals filed against this order the learned Commissioner appointed Khair Din to this post. Maula Bakhsh has filed a second appeal against the Commissioner's order while Muhammad Ismail another candi date has filed a revision petition.   The chak is predominently inhabited now by Arains, who number 168 against only 30 Gujjars. For this reason the Collector confined his choice to the Arains and selected Maula Bakhsh, mainly on the ground that he was previously a Lambardar in India. The Commissioner found that Maula Bakhsh was too old to be able to perform the duties of Lambardar, he held insufficient land to ensure payment of Government Revenue and that he was in fact living in another chak. On the other hand Khair Din respondent, although a Gujjar, was a Lambardar in East Punjab and owned more land than any of the other candidates. The Commissioner, therefore, selected Khair Din in this place.   I have heard Mr. Ghulam Abbas Jafri for Muhammad Ismail, Sh. Shaukat Ali for Maula Bakhsh and Malik Shaukat Ali Advocate for Khair Din respondent.   Ample evidence has been produced to show, that Maula Bakhsh, who has not appeared before me, is too old to be able to discharge the duties of a Lambardar properly. According to the voters list, he is described as 106 years old, although it has been suggested that he is…