Law:

Section:

Lambardar-Appointment------   --- - Practice that Collector's order should not lightly be disturbed, not followed where Collector happened to be a junior officer. ORDER   This case relates to the Lambardari of village Bedian, District Lahore. The Collector had appointed the appellant Sher Muhammad who is a minor in one of the three vacancies which had occurred on account of the migration of non-Muslims to India. The learned Additional Commissioner interfered in revision and the main grounds were ; firstly, that all the three Lambardaris had gone to one family though the displaced persons who had been allotted land in the estate had come from various places in India. Secondly, that the appellant was a minor and thirdly that it was incorrect to urge that Fajar Khan, the present respondent had no land in the patti to which the Lambardari related. A second appeal has now been filed.   The main point taken up before me is that the respondent Fajar Khan was not entitled to consideration at all as he does not possess land in the patti to which the Lambardari relates. This contention is not founded on facts. The Jamabandi of village, a copy of which has been shown to me by the learned counsel for the respondent shows that there has been no formal sub-division of the estate into pattis. Further that the non-Muslim Lambardars were joint Lambardars after estate and at most they were given the Dhhal Bachh of certain land-holders as a matter of administrative con venience and not because it was a pattidari estate. This contention is further fortified by the fact that at present the estate cannot be considered a pattidari village on historical or religious, tribal or caste considerations as the displaced persons who have been allotted land in it have come from various parts of India and are not connected in any way. Thus the factors are which would form the basis of a pattidari estate do not exist. In any case the fact remains that it was not and is still not a pattidari estate.   The two other points which have been…