Law: Colonization of Government Lands (Punjab) Act (V of 1912)

Section: 24

Lambardar-Appointment-Non-cultivation of land by candidate on certain occasions would not justify ignoring his claims.   Colonization of Government Lands (Punjab) Act (V of 1912), S. 24-Cultivation other than self-cultivation-Breach capable of rectification.   ORDER   This is a second appeal filed against an order dated the 6th of July 1965,, passed by the Commissioner, Sargodha Division, whereby the appeal preferred by the respondent was accepted.   The facts of the case are that Khan Muhammad, previous Lambardar of the Chak, was sentenced to transportation for life and was dismissed. For filling up `the vacancy, applications were invited and four candidates including the parties came forward. The Collector selected appellant. He belonged to the majority community and, on other considerations also, deserved preference. The respondent went in appeal to the Commissioner and the appeal was accepted on the ground that Shah Muhammad was running a shop in another village and did not, on certain occasions, cultivate the land himself. Hence this second appeal.   I have heard the learned counsel for the parties. The main question for consideration is whether the learned Commissioner was justified in interfering with the choice of the Collector. It is stated that the appellant has given over the shop to his brother, but even if he was running a shop, it was not such a disquali fication that all other claims of his should be ignored, specially…