| Citation(s) |
|---|
| 1957 SLG 3771 = 1957 SLD 3771 = 1957 PLD 35 |
West Pakistan
Revision Side No. 261 of 1955-56, decided on 1st Novem ber 1956, District Montgomery.
Presented By: A. K. Malik, Member Board of Revenue, West Pakistan
Ch. Muhammad Sadiq, Advocate for Tai Muhammad Khan Petitioner. Ch. Ghulam Ali for Ehsan Ali Petitioner. Kh. Abdur Rahim for Niaz Muhammad Khan
Respondent. Amir-ud-Din Qidwai for Muhammad Hussain
Respondent.
Revision Side No. 261 of 1955-56, decided on 1st Novem ber 1956, District Montgomery.
Presented By: A. K. Malik, Member Board of Revenue, West Pakistan
Ch. Muhammad Sadiq, Advocate for Tai Muhammad Khan Petitioner. Ch. Ghulam Ali for Ehsan Ali Petitioner. Kh. Abdur Rahim for Niaz Muhammad Khan
Respondent. Amir-ud-Din Qidwai for Muhammad Hussain
Respondent.
TAJ MUHAMMAD-Petitioner
VERSUS
MUHAMMAD HUSSAIN KHAN-Respondent
Law:
Section:
Lambardar----- ----Appointment-Non-resident not to be appointed Lambardar. ORDER This order will dispose of two petitions Nos. 261 and 76 of 1955-56 against an order passed by Commissioner, Multan Division on 9th April 1956 by which he set aside the order of Collector, Montgomery, dated 20th December 1955, appointing Ehsan Ali petitioner a Lambardar in Chak No. 71/5-L, Tahsil and District Montgomery and rejected Taj Muhammad petitioner's appeal against the same order of the Collector, appointing Muhammad Hussain Khan respondent a Lambardar in the same Chak. I have heard Mr. Ghulam Ali, Advocate for Ehsan Ali petitioner and Kh. Abdur Rahim for Niaz Muhammad Khan respondent in revision petition No. 261 of 1955-56 and Mr. Muhammad Sadiq Advocate for Taj Muhammad alias Taj Ali petitioner in revision petition No. 76 of 1955-56. Mr. Amir-ud-Din Advocate has appeared for Muhammad Hussain Khan respondent, who has since died. There are two Patti in this Chak Ehsan Ali s petition relates to the vacancy in Patti Satwandar pal Singh. In this Patti there are 43 families of Rajputs with 284 acres 12 Syeds with 38 acres. The petitioner Ehsan Ali is a syed and besides being a previous Lambardar in two villages in Eash Punjab was also a Zaildar. He has been allotted fifteen acres of land in this Patti. He has also been acting as temporary Lambardar. Niaz Muhammad Khan who is a Rajput and represents the majority tribe has two acres of land in this Patti but eleven acres in the village taken as a whole. He too was a Lambardar in East Punjab and is also a temporary Lambardar in this village at present. The learned Collector preferred Ehsan Lai but the Commissioner found that Ehsan Ali was not living in this Chak but resided in another Chak some five miles away in fact this was admitted before the Commissioner. In my view the Commissioner rightly held that non-residence in this case was a serious disqualification and since Niaz Muhammad Khan besides having hereditary claims also represented the majority tribe…