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Petitioner: KHUSHI MUHAMMAD VS Respondent: NAZAR KHAN
P L D 1960 W
P L D 1960 W. P. (Rev.) 54
Before M. Z. Khan, Member Board of Revenue
West Pakistan
KHUSHI MUHAMMAD‑Petitioner
versus
NAZAR KHAN AND ANOTHER‑Respondents
Appeal Side No. 15 of 1958‑59, decided on 6th January 1959, District Montgomery.
(a) Lambardar‑Resignation‑Brought about under coercion Resignation not effected.
(b) Lambardar‑Appointment‑Candidate having worked as temporary Lambardar, having hereditary claim and owning more land‑Preferred.
H. A. Rehman for Appellant.
ORDER
The Commissioner has dealt with in detail with the manner in which the resignation of Gulzar Muhammad was brought about in this case, it is clear that Gulzar Muhammad was coerced to resign, as he did not make certain contributions to some schools. The Commissioner has rightly observed that such considerations should not influence decisions in Lambardari cases. A resignation so obtained is no resignation at all.
The order of the Commissioner further shows that Gulzar Muhammad is head and shoulders above the appellant. Gulzar Muhammad has a hereditary claim, like the appellant, but holds 24 kanals of land, has worked as a temporary Lambardar and was recommended by all the Revenue Officers. According to the Commissioner's order the appellant has only 8 kanals of land. The appellant has contended that he has 30 bighas of land and that Gulzar Muhammad has 6 big has. He has not substantiated this contention nor it was pressed at the time of arguments. Similarly the appellant's contention that his conviction in East Punjab was set-aside on appeal was not mentioned at the time of arguments and no material has been produced in support of that contention.
It would thus appear that there was no reasonable ground for appointing the appellant as Lambardar and that thus was ample justification for the order passed by the learned Commis sioner.
The result is that the appeal is dismissed do limine.
K. M. A. Appeal dismissed.