P L D 1959 (W (PLP)
CHIRAGH DIN‑Petitioner Versus THE STATE‑Respondent
| Citation | P L D 1959 (W (PLP) |
| Forum / Court | |
| Bench Members | M. W. Abbasi, Member Board of Revenue, West Pakistan |
| Parties | CHIRAGH DIN‑Petitioner Versus THE STATE‑Respondent |
Q1: What are the key laws and sections cited in P L D 1959 (W (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1959 (W (PLP)?
The case was heard and decided by the bench comprising: M. W. Abbasi, Member Board of Revenue, West Pakistan.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1959 (W (PLP) (CHIRAGH DIN‑Petitioner Versus THE STATE‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Lambardari‑Appointment before 15th March 1948‑Grant of Lambardari square after 15th March 1948‑Grant unaffected by bar imposed by Government's letter dated 15th March 1948. Where the appointment as Lambardar was made on 30‑1‑1948, i.e., before 15th March 1948, but the grant of Lambardari square was made on 27‑5‑1948 i.e., after the crucial date, held, that the grant was unaffected by the bar imposed by Government instruc tions contained in letter dated 15‑3‑1948.
Judgment & Decree
Revision Side No. 220 of 1958‑59, decided on 16th September 1959, District Montgomery. Lambardari‑Appointment before 15th March 1948‑Grant of Lambardari square after 15th March 1948‑Grant unaffected by bar imposed by Government's letter dated 15th March 1948. Where the appointment as Lambardar was made on 30‑1‑1948, i.e., before 15th March 1948, but the grant of Lambardari square was made on 27‑5‑1948 i.e., after the crucial date, held, that the grant was unaffected by the bar imposed by Government instruc tions contained in letter dated 15‑3‑1948. This is a question about the allotment of Lambardari square to one Chiragh Din in Chak No. 51/12‑L., Tehsil and District Montgomery. Chiragh Din was appointed temporary Lambardar on 30‑1‑1948. The Lambardari square was allotted to him on 27‑5‑1948. In the meantime the Government issued instructions to the effect that Lambarbari grants should not be granted to the Lambardars, temporary or permanent who may be appointed subsequent to the 15th March 1948. This bar was, however, applied against Chiragh Din and his Lambardari square was cancelled. He went in appeal to the Additional Commissioner, Multan who rejected the appeal. I have heard the learned Advocate for the petitioner whose main point is that the bar imposed by the Government letter dated the 15th March 1948 was only applicable to Lambardars appointed after this date, but not to the grants made after this date i.e., the 15th March 1948. In this case the grant was n o doubt made after the 15th March 1948, but the Lambardari appointment had been made on 30‑1‑1948. Further he became a permanent Lambardar on 15‑12‑1955. So, according to the learned Advocate, this bar was not applicable to Chiragh Din. It is the fact that the Government letter dated the 15th March 1948, imposed a bar only on Lambardars appointed after the 15th March 1948, not on the Lambardars appointed before this date. I, there fore, find that the Lambardari square was not wrongly allotted, and he is entitled to retain it. The orders of the lower Courts are set aside and the Lambardari square allotted to him is restored. A. H. Petition accepted.