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Petitioner: SULEMAN VS Respondent: SHAH MUHAMMAD
P L D 1959 (W
P L D 1959 (W. P.) Revenue 163
Before X. A. Majid, Member Board of Revenue, West Pakistan
SULEMAN‑Petitioner
versus
SHAH MUHAMMAD‑Respondent
Revision Side No. 252 of 1955‑56, decided on 5th January 1959, District Multan.
Lambardar‑Appointment‑Candidate having larger area and belonging to majority‑community‑Preferred to candidate having hereditary claim.
Ghulam Ali Alvi for Petitioner.
Muhammad Ashfaq Khan for Respondent.
ORDER
There is no doubt that the petitioner was hereditary claims for a Lambardari appointment whereas the respondent has none. But the petitioner has to lose ground to the respondent in this, particular case for the following reasons :‑
(1) The petitioner belongs to a minority community in this estate whereas the respondent represents the majority community.
(2) The respondent has a larger area than the petitioner. The petitioner contests this statement but is not in a position to prove his allegation.
(3) Ghulam Rasul, a Rajput candidate for this very appoint ment, was in any case preferable to the present petitioner and has withdrawn his candidature in favour of the respondent. The respondent is in every way fit to be a Lambardar. His only handicap is that he has no hereditary claim to this post. This handicap has, in my opinion, been satisfactorily removed by the fact that Ghulam Rasul prefers him to the present peti tioner as Lambardar of the estate.
The petitioner states that the respondent's brother has become a Lambardar in the other path. This fact, however, does not justify any interference in the present case, because the petitioner will never be appointed as Lambardar so long as the said Ghulam Rasul is in existence.
For the above reasons I dismiss this petition for revision.
K. M. A. Petition dismissed.