| Citation(s) |
|---|
| 1963 SLG 3288 = 1963 SLD 3288 = 1963 PLD 86 |
West Pakistan
Appeal No. 25 of 1962-63, decided on 23rd April 1963, District Muzaffargarh.
Presented By: Nasir Ahmad, Member Board of Revenue West Pakistan
Syed Nasim Hassan for Appellant. Kh. Abdur Rahim for
Respondent,
Appeal No. 25 of 1962-63, decided on 23rd April 1963, District Muzaffargarh.
Presented By: Nasir Ahmad, Member Board of Revenue West Pakistan
Syed Nasim Hassan for Appellant. Kh. Abdur Rahim for
Respondent,
CHIRAGH DIN-Appellant
VERSUS
DIN MUHAMMAD-Respondent
Law:
Section:
Lambardar-Appointment---- ---Choice of Collector cannot be upset, if it is not manifestly foolish or perverse. ORDER This is a second appeal which has been preferred by Chiragh Din of Chak No. 94/ML, District Muzaffargarh, who had initially been appointed as Lambardar, by the Collector, against the orders of the Additional Commissioner, Multan, who had preferred Din Muhammad respondent, the rival claimant. The reasons which prompted the Additional Com missioner to select Din Muhammad do not appear to me to be justified. He has stated that Din Muhammad owned 30 acres of land, but it is alleged, and it has not been controverted, that half of this area is held by him in his capacity as temporary Lambardar of the Chak. Further that Din Muhammad had worked-as a Lambardar in Gujranwala and was also a temporary Lambardar of the Cloak. There is no evidence to support the former assertion. As regards the latter, the Collector preferred the petitioner in spite of this fact which was known to him. As a matter of fact the Collector considered both the candidates to be equally balanced in their claims and preferred Chiragh Din on grounds of literacy. Another point which the learned Additional Commissioner considered to be in favour of the…