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Petitioner: ISMAIL VS Respondent: ABDUL HAMID
P L D 1961 W
P L D 1961 W. P. (Rev.) 93
Before Nasir Ahmed, Member Board of Revenue,
West Pakistan
ISMAIL‑Petitioner
versus
ABDUL HAMID‑Respondent
Revision Side No. 143 of 1960‑61, decided on 27th February 1961, District Sheikhupura.
(a) Lambardar‑Appointment‑Candidate belonging to Lam bardar family‑Not by itself ‑sufficient to appoint him Lambardar.
(b) Lam5ardar‑Appointment‑Collector's decision cannot be upset if it is neither perverse nor foolish.
(c) Lambardar‑Appointment‑Candidate must own sufficient property to cover land revenue demand.
Abdul Latif for Petitioner.
Respondent in person. _
ORDER
This is a second appeal against the order of the learned Additional Commissioner, Lahore, who upset the appointment of the appellant Ismail as Lambardar of Chak No. 5‑G. B., District Sheikhupura, and appointed Abdul Hamid, the ‑respondent instead. The Additional Commissioner intervened on the ground that Abdul Hamid came of a Lambardar family and thus had a better claim to the appointment. I have already held in R. O. R. No. 110 of 1960/61 Abdullah Khan v. Ghulam Haider that this‑fact by itself is not sufficient to warrant interference in the order of the Collector in a Lambardari case unless the Commissioner holds that the decision of the Collector is perverse or foolish. Ismail has a sizable holding whereas Abdul Hamid's own inheritance as admitted before me, is about 12 or 13 kanals and is insufficient to cover the land revenue demand. This is fluctuating in character and may roughly be put at Rs. 10,000 per annum. It is true that he has been gifted about 10 acres of the land, the holdings of the entire family plus that of some friends but I have grave doubts if this ran be considered a genuine gift. I would in these circumstances accept the appeal set aside the order passed by the learned Commissioner and restore that of the Collector.
K. M A. Appeal accepted.