| Citation(s) |
|---|
| 1963 SLG 3267 = 1963 SLD 3267 = 1963 PLD 72 |
West Pakistan
Revision No. 555 of 1961-62, decided on 20th November 1962, District Sheikhupura.
Presented By: Nasir Ahmad, Member Board of Revenue West Pakistan
Mian Abdul Latif for Petitioner. Malik Abdur Rehman for
Respondent.
Revision No. 555 of 1961-62, decided on 20th November 1962, District Sheikhupura.
Presented By: Nasir Ahmad, Member Board of Revenue West Pakistan
Mian Abdul Latif for Petitioner. Malik Abdur Rehman for
Respondent.
MUHAMMAD HUSSAIN-Petitioner
VERSUS
SHAH MUHAMMAD-Respondent
Law:
Section:
(a) Land Revenue Rules----- --- r. 15(e)-"Community" - Displaced persons as a whole can reasonably be considered to be a community. P L D 1952 Ph. (Rev.) 28 rel. (b) Lambardar----- --Absentee should not be appointed. ORDER This case relates to the Lambardari of Chak No. 33/R.B., District Sheikhupura. The vacancy had occurred due to the migration of the non-Muslim Lambardar after independence to India. Originally the respondent Shah Muhammad was appointed by the Collector, but the Additional Commissioner interfered in revision on the ground that he was not a resident of the estate. On remand the Collector came to the conclusion that Shah Muhammad did reside in the Chak and re-appointed him. His rival Muhammad Hussain went in appeal which was dismissed. He has now filed a revision petition against the order of dismissal of his appeal by the learned Additional Commissioner. The main ground which is taken up before me is that Shah Muhammad is in fact an absentee and for considerable periods because he has two wives and the younger one resides at Sangla Hill, at a distance of seven miles from the village. The fact of his second marriage, further that off and on he goes to live at Sangla Hill, all admitted what it is urged that the two places are connected by a metalled road and his absence would not detract from the performance of his duties as a Lambardar. This argument, however, is not strong enough. I have held in more than one case that an absentee should not ordinarily be appointed a Lambardar unless he is a person of such outstanding ability and importance that his selection would lend prestige to the post. In the circumstances of this case the respondent is an ordinary zamindar with a smaller holding than the petitioner and according to his own admission before me, of lesser influence. There are thus no grounds for appointing him a…