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Petitioner: AZIZ DIN VS Respondent: MUHAMMAD YAQUB KHAN
P L D 1959 (W
P L D 1959 (W. P.) Revenue 165
Before M. Z. Khan, Member Board of Revenue, West Pakistan
AZIZ DIN‑Petitioner
versus
MUHAMMAD YAQUB KHAN‑Respondent
Appellate Side No. 86 of 1957‑58, decided on 2nd March 1958, District Sialkot.
Lambardar‑Appointment‑No. 10 badmash should not be appointed.
Khawaja Abdur Rahim for Petitioner.
Ch. Fazal Din for Respondent.
ORDER
Village Pandorian, Tehsil Daska, District Sialkot, has three Lambaroaris Two Pathans and one Arain Lambardar were appointed by the Collector. On appeal against the appointment of Farzand Ali, Arain, the Commissioner appointed the respondent, who is a Pathan, as the third Lambardar. This appeal has been filed against that order.
The number of Pathans and Arains in this village is 25 and 16 respectively On the preliminary hearing of this appeal it was round that, although the respondent has a hereditary claim and substantial property, the other two Pathan Lambardars who have been appointed have no hereditary claim and one of them was also of bad character. Notices were, therefore, issued to them in order to decide who are the three best persons for appointment as Lambardars in this village.
Farzand Ali owned 115 kanals of land and his son, Aziz Din, owns in all 56 kanals and 12 marlas of land. Aziz Din was also a candidate and the Collector did not find anything against him ; except insufficiency of property but prima facie it appears that the property which he holds is adequate as security for the small Government demand. Shah Nawaz holds 16 acres of land. He has been No. 10 badmash. That being so, there is no particular reason why he should be appointed. 1n this case a suitable Arain with adequate property is forthcoming and that is an additional reason why Shah Nawaz should not be appointed.
The result is that, while the appeal of Aziz Din against Muhammad Yaqub Pathan is dismissed, Aziz Din is appointed as the third Lambardar in place of Shah Nawaz Pathan in the exercise of my revisional powers.
K. M. A. Appeal dismissed.