Law:

Section:

(a) Appeal-------   ----Facts in knowledge of party-Can be taken into consideration in appeal.   (b) Punjab Land Revenue Rules--------   -------r. 17 (2) -Rule of primogeniture-Meaning.   ORDER   Ghulam Rasul Lambardar of village Ghatoo Rora, District Sialkot was dismissed by the Collector as he had alienated his entire property in the estate. The vacancy was filled by the appointment of Sardar Muhammad, appellant. The learned Additional Commissioner, Lahore interfered in appeal and set aside the Collector's choice on the ground that Sardar Muhammad had a bad record having been convicted under section 420, P. P. C. and his history sheet had been opened by the Police. He appointed Ali Ahmad Khan, respondent instead. Sardar Muhammad has come up in second appeal,   Two legal issues have been raised before me. Firstly that the previous record of the petitioner that is to say his conviction and police surveillance were questions of fact and should not have been allowed to be raised in appeals. The correct position, however, is as mentioned by the learned Additional Commissioner namely that the appellant was also a candidate when Ghulam Rasul was originally appointed Lambardar and the record of that case gives the reasons quite clearly why he was overlooked at that time.…