| Citation(s) |
|---|
| 1964 SLG 3703 = 1964 SLD 3703 = 1964 PLD 17 |
West Pakistan
Revision No. 776 of 1962-63, decided on 10th June 1963, District Sargodha.
Presented By: Nasir Ahmed, Member, Board of Revenue, West Pakistan
Mubarik Ahmad for Mir Muhammad Bakhsh for Petitioner.
Revision No. 776 of 1962-63, decided on 10th June 1963, District Sargodha.
Presented By: Nasir Ahmed, Member, Board of Revenue, West Pakistan
Mubarik Ahmad for Mir Muhammad Bakhsh for Petitioner.
WAZIR AHMAD-Petitioner
VERSUS
MUKHTAR AHMAD-Respondent
Law: Punjab Land Revenue Act (XVII of 1887),
Section: 16
(a) Lambardar------- ----Appointment-New point of fact cannot be raised in revision. (b) Punjab Land Revenue Act (XVII of 1887)------ ------S.16-Revision competent, when appeal not filed-Time-barred appeal entertained and accepted by Commissioner-Order treated as passed in revision. ORDER This case relates to the Lambardari of village Takhat Hazara, District Sargodha. The last Lambardar Muhammad Yusuf gifted away his property to his grandson. It appears that his son had pre-deceased him and under the Muslim Personal Law (Shariat) Application Act as it then stood before its recent amendment, the grandson would not have been entitled to any inheritance. Muhammad Yusuf having gifted away his entire property, the Collector proceeded to dismiss him and appointed Wazir Ahmad the present appellant instead amongst other candidates the respondent Mukhtar Ahmad who is the grandson of the dismissed Lambardar also applied but he was ignored by the Collector on the ground that he was a raw youth and would not be able to perform the duties of Lambardar. Further like his grandfather he might dispose of his property. The learned Commissioner interfered and set aside the order passed by the Collector. He held that the post was hereditary qua Mukhtar Ahmad who was entitled to https://www.pakistanlawsite.com/Login/PrintCaseLaw?caseName=1964BR-WP11 1/3 P L D 1964 W succeed his grandfather. He also considered it an incorrect argument that the entire property will be disposed of by Mukhtar Ahmad in the same manner as his grandfather had done. The…