P L D 1959 W (PLP)

Village with two Pattis‑--Rajputs and Meos predominant tribes‑--Rajput appointed to one Patti‑Meo may be appointed to the other if otherwise suitable. Kh. Abdur Rahim for Petitioner. Pirzada Rab Nawaz for Respondent. Both the parties have hereditary claims, The petitioner is a Meo while the respondent is a Rajput. The Collector has given the tribal composition of the village in which Rajputs and Meos are 303 and 230 respectively. Although he stated that the village is divided into two Pattis, he has not given the Patti‑wise tribal composition. The number of Rajputs and Meos in the Patti to which this revision petition relates is 101 and 202 respectively.

2. The Collector has observed that the petitioner's allotment is temporary. The Commissioner has observed that the petitioner is not eligible for appointment as a permanent Lambardar, as he is a temporary allottee. The record of the case shows that allotment of the petitioner has been made on the basis of a certificate from the Central Record Room. These certificates are issued in cases where jamabandis have not been received. Non‑receipt of the jamabandis is not the fault of the party concerned who should not suffer on that account. Certified copies of orders passed on the application of the petitioner show that the jamabandis have been received and are still being scrutinised. Under these circumstances, the observation of the Commissioner that the petitioner was not eligible for appointment is erroneous.

3. The Collector has observed that all the Tehsil Revenue Officers have recommended the petitioner while the S. D. O. has reported that both the petitioner and the respondent are quite suitable. A scrutiny of the recommendation of the S. D. O. shows that he has stated that both the parties are suitable, that there are two Pattis and in view of the strength of the communities, one Lambardari should go to Rajputs and the other to Meos. As the Lambardari in the other Patti is already with Rajputs, this Lambar dari according to the recommendation of the S. D. O. should go to Meos.

4. It would thus appear that the ground on which the respon dent was appointed as a Lambardar falls through and so his appointment cannot be called reasonable. The respondent was a temporary Lambardar, but resigned from that post. The petitioner was then appointed as a temporary Lambardar and he worked satisfactorily.

5. In view of the fact that Meo families are twice as many as the Rajputs in this Patti and that the petitioner was recommend ed by the Revenue Officer, worked satisfactorily as a temporary Lambardar and also because a Rajput has been appointed in the other Patti, this Lambardari should go to Meos. The result is that the petition is allowed and Chahat Khan is appointed as that in Patti Mal, village Hundal, Tehsil Kasur, District Lahore. A. H. Petition accepted.