Case Details

Citation(s)
1963 SLG 3238 = 1963 SLD 3238 = 1963 PLD 56
West Pakistan
Revision No. 584 of 1961-62, decided on 2nd November 1962, District Lyallpur.  
Presented By: Nasir Ahmad, Member Board of Revenue, West Pakistan  
Rao Muhammad Yusuf, Ch. Muhammad Siddiq and Ghulam Ali for Petitioner.  

MUHAMMAD SHAFI-Petitioner  

VERSUS

  IMAM DIN-Respondent

Law:

Section:

Lambardar----   ---Appointment Person owning only three acres of land in Colony Chak can hardly be considered man of substance -Candidate's personal influence does not depend solely on tribal consideration-Candidate must be person of character and ability.   ORDER   Two main points have been argued before me in this revision petition which relates to the Lambardari of Chak No. 591/G B District Lyallpur. The first point is that the petitioner, though he was overlooked by the Collector whose decision was upheld by the Commissioner, has sufficient property to cover the land revenue demand of the patti concerned. His claims should not, therefore, have been ovelooked. This is not the correct way of interpreting Land Revenue Rule 15 (b) which runs as follows :-   "In all first appointments of headmen, regard shall be had among other matters to-   ------------------------------------------------------------------------   extent of property in the estate possessed by the candidate ;   ------------------------------------------------------------------------   The petitioner owns only about three acres of land and the Collector and the learned Commissioner rightly considered that it would be inadvisable to appoint a person of such small means as the petitioner has to the Lambardari. The fact whether the value of his property does or does not cover the land revenue demand is quite obviously besides the point in a first appoint ment, though it may form a material issue in the case of a here ditary Lambardari. Even in those cases the heir of the deceased Lambardar is required to give security to cover the land revenue demand though in my opinion it would still be open to the Collector not to make the…
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