Case Details

Citation(s)
1959 SLG 4302 = 1959 SLD 4302 = 1959 PLD 128
West Pakistan
Revision Side No. 230 of 1957-58, decided on 22nd July 1958, District Lyallpur.  
Presented By: M, Z. Khan
Anwar Rehman for Petitioner.

KALA-Petitioner  

VERSUS

  ABDUL GHANI-Respondent  

Law:

Section:

(a) Lambardar-   Appointment-Tribal composition-Objection to correctness not to be entertained at Revision stage.   (b) Lambardar-   Appointment-Candidate's property should be sufficient to meet Government's demand-Rival candidate, however, will only be preferred if he is head and shoulders above appointee.   ORDER   This is a revision petition under section 16 of the Land Revenue Act against order dated 23-12-57, passed by the Commis sioner, Multan Division, by which he upheld order dated 28-8-57, passed by the Collector of Lyallpur, appointing the respondent as Lambardar of Patti Salakhan Singh Chak No. 655/G.B., Tehsil Jaranwala.   The vacancy arose as a result of the migration of the non-Muslim Lambardar. The tribal composition of this Patti is as follows :-   No. of families Area in acres Arain 103 207 Kumhar 12 47 Dogar 11 33 Rajput 8 31     The petitioner is a Kumhar. His property is 17 Kanalsmore than that of the respondent. The respondent is an Arain and was recommended by the lower Revenue Officers, His property is worth Rs. 6,373 as against the zar bharat of Rs. 8,456-8-0. The Commissioner has directed that the question of taking security of Rs. 2,000 from him should be considered. It was urged that the tribal composition given in the Collector's order is incorrect. Such an objection should have been raised before the Collector so that an enquiry could have been made A before the Collector passed his order. If such an objection is raised at a later stage the normal conclusion is that it has been so…
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