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1957 PLD 8

ABDUL AZIZ VS JAHANDAD KHAN

Petitioner: ABDUL AZIZ VS Respondent: JAHANDAD KHAN

Court: WEST-PAKISTAN-BOARD-OF-REVENUE

Full Judgment Text & Judicial Ruling

P L D 1957 W

P L D 1957 W. P. (Rev.) 8

Before H. A. Majid, Member Board of Revenue, West Pakistan

ABDUL AZIZ-Petitioner

Versus

JAHANDAD KHAN-Respondent

Revision Side No. 158 of 1955-56, decided on 13th June 1956, District Multan.

Lambardar----

-------Appointment of a person in Government service -Not residing in village-Having hereditary claim, while rival claimants not possessing any such claim ----Appointment maintained in revision.

ORDER

H. A. MAJID.-----There is no doubt that the respondent, who has been appointed as Lambardar and whose appointment has been confirmed by the Commissioner on appeal, does not live in the estate. Similarly, there is no doubt that he belongs to the community of Rajputs who are 50 allottees holding 208 acres against 167 Arain allottees holding 303 acres. But unfortunately the Arains do not include among them any person who has hereditary claims to a Lambardari. Both the petitioners admit that they have no hereditary claims. Against this, the respondent was a Lambardar in East Punjab. He should not be made to suffer in obtaining rehabilitation as a Lambardar simply because he is in Government service and has to remain away from the village. His family and community are obviously of some importance because though the number of Rajput-holders is less than 1/3rd of the number of Arains yet the area held by them is definitely 2/3rds of that held by Arains.

In the above circumstances; I think the balance of convenience lies in retaining Rana Jahan Dad Khan's Lambardarship in this village. I accordingly dismiss both these petitions for revision without issuing notice to the other party.

K. M. A. Petitions dismissed.

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