PLD 1953

P L D (Rev (PLP)

ALI MUHAMMAD‑Appellant Versus FARZAND ALI‑Respondent

Jurisdiction / Court
Decided Date
Revision Side No. 226 of 1951‑52, decided on 17th October, 1952.
Honorable Judges
Akhter Husain, Financial Commissioner
Case Reference Summary (AEO Optimized)
Citation P L D (Rev (PLP)
Forum / Court
Bench Members Akhter Husain, Financial Commissioner
Parties ALI MUHAMMAD‑Appellant Versus FARZAND ALI‑Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in P L D (Rev (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case P L D (Rev (PLP)?

The case was heard and decided by the bench comprising: Akhter Husain, Financial Commissioner.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: P L D (Rev (PLP) (ALI MUHAMMAD‑Appellant Versus FARZAND ALI‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Headnotes / Summary

LambardarColony land‑Number of incumbents not taken to be fixed within meaning of Land Revenue Rule 14 (i) so long as appointment of Colonization Officer exists‑Desirable to have at least two Lambardars except in very small villages‑One lambardar for every 20 squares of landColony Manual, paras. 617 and

620. The Collector appointed an additional lambardar In Chak having 900 acres of colony land. The Commissioner cancelled the appointment on the ground that the Collector was not competent to create the new post without the sanction of Commissioner as laid down in Land Revenue Rule

14. Held, on appeal that according to para. 620 of Colony Manual the number of headmen should not be taken as fixed within the meaning of Land Revenue Rule 14 (i) as long as the appointment of Colonization Officer exists. In para. 617, a princi ple has been laid down that except in a very small village it is desirable to have at least two lambardars, and one lambardar for every 20 squares was considered a fair average. The appointment of two lambardars in the Chak which had 900 aquars of land was justified.

Judgment & Decree

Held, on appeal that according to para. 620 of Colony Manual the number of headmen should not be taken as fixed within the meaning of Land Revenue Rule 14 (i) as long as the appointment of Colonization Officer exists. In para. 617, a princi ple has been laid down that except in a very small village it is desirable to have at least two lambardars, and one lambardar for every 20 squares was considered a fair average. The appointment of two lambardars in the Chak which had 900 aquars of land was justified. AKHTER HUSAIN, F.C.‑This is a second appeal against the order of the Commissioner, Multan Division, by which he on 6th May, 1952, cancelled the appointment of the petitioner as lambar dar of Chak No. 353/E. B., tehsil Pakpattan. The Collector, Nili Bar Colony, Pakpattan, finding that one lambardar was not sufficient for Chak No. 353/E. B., the total area of which is of 900 acres, sanctioned the creation of another post of lambardar on the 4th August, 1950. The petitioner, Ali Muhammad, was appointed lambardar on 8th April, 1951, against the additional pest so created. The Commissioner in appeal held that the Collector was not competent to create the new post of lambardar without the previous sanction of the Commissioner as laid down In the Land Revenue Rule

14. He, therefore, ordered that the new post of the lambardar should be abolished and if the Colonization Officer would think that the additional post of lambardar was really necessary a reference should be made to him. The learned Commissioner appears to have lost sight of the instructions contained in paras. 617 and 620 of the Colony Manual. It has been laid down in para. 620 that the number of headmen should not be taker, as fixed within the meaning of Land Revenue Ruke 14 (i) as long as the appointment of Co1oniZation Officer exists. in para. 617, a principle has laid down that except in a very small village it is desirable to have at least two lambardars, and one lambardar for every 20 squares was considered a fair average. In the present case the total area of the Chak is 1074 acres out of which 900 acres have been sold in auction while 64 acres remained as Crown Land. The Chak could not therefore, be considered as a very small one and the appointment of two lambardars in this Chak was justi fied. As bas been explained In para. 620 of the Colony Manual, the number of headmen could not be considered as fixed in this Chak within the meaning of Land Revenue Rule 14 (i). The Colonization Officer was fully competent to order the appoint ment of a second lambardar in this Chak. I, therefore, accept this appeal and direct that the order of the Colonization Officer be restored. Announced. A. H. Appeal accepted.