Law:

Section: Ss. 7, 9

  (a) West Pakistan Board of Revenue Act (XI of 1957)----   ----- Ss. 7, 9-Further revision from order of single Member of Board-Not competent in absence of rules framed under S. 9-Revision enter tained in absence of such rules-Order of Full Board, held, without jurisdiction.   Delhi Cloth and General Mills Ltd. v. Income-tax Com missioner, Delhi and another 1927 P C 242 ; Ohene Moore v. Akesseh Tayee 1935 P C 5 ; Modi Food Products Limited, Commissioner of Sales-tax, U. P. A I R 1956 All. 35 and M. L . Bagga v. G. Murhar Rao A I R 1956 Hyd. 35 ref.   (b) West Pakistan Board of Revenue Act (XI of 1957)-----   ------S. 7 (2)-Second revision competent in case of orders made by Revenue Courts alone and riot in case of orders passed by Revenue Officers-Revenue Courts and Revenue Officers-Distinct entities- Same officer performing both functions-Nature of proceedings and procedure to be followed while acting as Court or as officer--Wholly different.   (c) West Pakistan Board of Revenue (Conduct of Appeals arid Revisions) Rules, 1959-------   ---Not retrospective in operation. JUDGMENT   MUHAMMAD YAQUB ALI, J.-The facts necessary to be stated for the purposes of this order are that on the 24th of November 1954, Salamat Ali was appointed as Lambardar of Chak No. 705/G. B. Tehsil Toba Tek Singh. Allah Ditta respondent, who was also a candidate for the post, preferred an appeal to the Com missioner, Multan Division, Multan, who, by his order dated the 19th of October 1955, set aside the appointment of the petitioner. By then the West Pakistan Provincial Board of Revenue had been constituted before which the applicant preferred a revision petition, which was accepted by Mr. A. K. Malik, by his order dated the 23rd of October 1956. Allah Ditta respondent filed a further revision petition purporting to be under section 7 of the West Pakistan Board of Revenue Ordinance (XII of 1956), to the Full Board, while this revision petition was pending, on the 28th of February 1957, the afore-said Ordinance was replaced by the West Pakistan Board of Revenue Act (XI of 1957) which was given retrospective effect from the 14th of October 1955.…