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Petitioner: FATEH MUHAMMAD VS Respondent: ALI MUHAMMAD
P L D 1959 W
P L D 1959 W. P. (Rev.) 57
Before M. Z. Khan Member, Board of Revenue, West Pakistan
FATEH MUHAMMAD‑Petitioner
Versus
ALI MUHAMMAD‑Respondent
Appellate Side No. 43 of 1957‑58, decided on 6th October 1958. District Multan.
Lambardar‑--
Appointment‑Collector's order, if not unreason able, should not be upset.
Abdur Rahim for Petitioner.
Ghulam Ali Alvi for Respondent.
ORDER
The appellant was appointed as Lambardar of Patti Mansa Singh Chak No. 77/W. B., Tehsil Vehari, by the Collector. This order was set aside on appeal by the Commissioner, who appointed the respondent as Lambardar.
Both the parties are Gujjars and have hereditary claims. The respondent holds 11 acres of land and not 8 acres as given in the Commissioner's order. He was recommended by the lower Revenue Officers.
The appellant holds 17 kanals and 3 marlas of land in this Patti and 8‑1 acres in the adjoining Chak, where both the parties reside.
On the facts stated above, the claims of the parties are more or less equal. It has been held in numerous rulings that the choice of the Collector should not be upset, unless it is perverse or un‑reasonable. If the choice of the Collector in the present case, cannot be said to be unreasonable. Under these circumstances, I do not find that there was adequate justification for upsetting the order of the Collector.
The result is that the appeal is allowed and the order of the Collector appointing the appellant as Lambardar is restored.
K. M. A. Appeal allowed.