Law:

Section:

Lambardar-Appointment-Collector's order based on property qualifications-Set aside by Commissioner who made an appoint ment on basis of tribal strength-Collector's order neither perverse nor unreasonable-Board restored Collector's nominee : P L D 1958 (W. P.) Rev. 103 ; 106 ref.]    ORDER   Nizam Din Dogar was appointed as a Lambardar, but on appeal this order was set aside by the .Commissioner, who appointed Fateh Muhammad Gujjar. Petitioner Barkat Ullah is also a Gujjar. The Gujjars predominate in this Patti but the Dogras hold more land.   The respondents holds only 21 Kanals and 7 Kanals of land. The value of this land was originally calculated at Rs. 727 per acre. Two mutations were produced before the Commissioner in which the value of the property transferred was given as Rs. 2,000 per acre. Both these mutations are in favour of Ilam Din, who was a candidate for Lambardari Khasra Girdawaris of years subsequent to the attestation to these mutations show that the land continued to be in the possession of the transferor. This makes the transactions suspicious and adds force to the contention that they were colourable transactions intended to boost up the value of the property of Ilam Din. It appears that for this reason the commissioner observed that the value of the property will be nearer to Rs. 1,500. Even at this rate, which is not based on an inspection of the holding of Fateh Muhammad, the value of his property comes to roughly Rs. 4,000, which is less than half the Government demand for the Patti. The Commissioner, never theless, took the view that the respondent should be appointed and security taken from him. He relied on P L D 1956 (Rev.) 74 in which it was held that if the holding of a candidate with hereditary claim is small, he should be preferred and…