Law:

Section:

P L D 1959 W. P. (Rev.) 59   Before M. Z. Khan, Member, Board of Revenue, West Pakistan   (a) Lambardar---   Appointment---Candidate a brother of deceased Lambardar--A son of deceased Lambardar relinquishing his claim in favour of candidate-Candidate does not acquire any hereditary claim.   (b) Lambardar---   Appointment---Candidate having greater pros pects of acquiring community of interest with residents of Chak may be appointed as Lambardar.   P L D 1952 Punjab (Rev.) 28 ref.   (c) Lambardar---   Appointment---Property of candidate sufficient lo meet Government demand not necessarily to be ignored because his property is less than other candidate.   (d) Lambardar---   Appointment----Hereditary claim is one of considerations for appointment.   (e) Lambardar---   Appointment-Order of Collector if not un reasonable should not be upset. [p. 61]F    ORDER   The Collector appointed the respondent as Lambardar of Chak No. 451/E.B., Tehsil Vehari. This order was confirmed on appeal by the Commissioner. This is a revision petition against the Commissioner's order.   2. The tribal composition of the Chak is as follows:-     No. of families. Area in acres.   Rajput Bhatti 80 582 Rajput Sukhera 1 149 Arain 20 112 Awan 5 83 Dogar 3 76 Pathan 40 60 Chughatta 6 43 Sayyad 2 19 Gujjar 1 17     The Zar-bharat is as follows:--     Rs. Mal 3,950 Cesses 1,084 Abiana 4,922 8,956     The petitioner is a literate Dogar, owns 60 acres 4 kanalsand 17 marlas (not 50 acres as mentioned by the Commissioner) and has a hereditary claim. The respondent is a Rajput Bhatti (it was conceded at the time of arguments that he can sign his name), owns 12 acres of land (not 15 acres) as mentioned by the Commissioner, was recommended by the Naib Tehsildar and acted as a temporary Lambardar.   The Commissioner held that the respondent has a hereditary claim because his brother Abdullah was a Lambardar and Abdullah's son, Rafiq, relinquished his claim in favour of the respondent. The Central Record Room certificate shows that Abdullah's name is entered in the…