Law:

Section:

(a) Lambardar ---   ---- Appointment-Candidate not owning land in estate cannot be appointed Lambardar.   (b) Lambardar------   ----Appointment-Hereditary claim that father of candidate was Lambardar in India cannot be taken into con sideration, when brother of such candidate has already been appointed Lambardar in another estate.   (c) Appeal------   ---Second appeal competent only on point of law.  ORDER   This order will dispose of the two Revision Petitions Nos. 557 and 633 of 1962-63 and Appeal No. 89 of 1962-63 which have been filed against the same order of the learned commissioner, Sargodha, passed on 7-11-1962. The facts briefly are that Farzand Ali Shah. deceased, the original Lambardar of 78 NB, District Sargodha had no son and, his only daughter did not apply for the post, which fell vacant on his death, The Collector appointed Abdus Sattar, the present appellant. Four appeals were filed against his appointment by Abdul Ghafoor, the present respon dent, Nazir Hussain Shah and Irshad Ali, the two petitioners who have come up in revision and one Shaukat Ali. The learned Commissioner set aside the order of the Collector and appointed Abdul Ghafoor the present respondent as Lambardar in place of Abdus Sattar. The main reasons for his interference were that though Abdus Sattar was suitable for the appointment, he had taken multifarious duties and was not likely to give sufficient time towards discharging his responsibilities as a Lambardar. Besides he did not belong to the majority tribe in the estate. Abdus Sattar has come up in second appeal and Nazir Hussain Shah and Irshad Ali in revisions against the order of the Commissioner.   I will take up the two revisions first. Nazir Hussain Shah is the son-in-law of the deceased Lambardar and is a retired Sub-Inspector of Police but he did not possess any land in the estate till 31-12-1962 i.e., till after the decision of the appeal by the Commissioner. He did own land in an adjoining estate which somehow as the result of consolidation operation he got transferred to Chak No. 78. His claims on the ground of relationship with the deceased Lambardar were rightly…