P L D 1959 W (PLP)

M. A. Zaidi for Respondent. This is a dispute about a horse‑breeding grant, which has determined on the death of one Fauje Khan. The petitioner is a son of the deceased while respondent a grandson whose predeceased Fauje Khan. The District Remount Officer recommended the allotment of the tenancy in favour of the eldest son, petitioner Nur Muhammad. The Collector, influenced by the consideration that while Nur Muhammad had a tenancy and was also going to inherit the Lambardari square of Fauje Khan, the respondent would not inherit anything from Fauje Khan's property‑. He, therefore, thought that respondent Fazal Karim deserved sympathetic consideration and referred the case back to the District Remount Officer under his order dated the 14th September 1957. The District Remount Officer in his fresh report elated the 5th October 1957 pointed out that if the condition regarding possession of a tenancy or proprietary land in the Chak were waived, he saw no reason why Fazal Karim "should not make a suitable horse breeder particularly under the circumstances explained" by the Collector. The "circumstances" referred to by the District Remount Officer in this report currently meant the fears of the Collector that Fazal Karim could not under the Shariat law inherit anything from his grandfather's property. As a matter of fact the fears of the Collector were unfounded and it now transpires‑with documentary evidence in support‑that he has already secured a sizable tenancy by two mutations on the basis of gifts. But even if he had no land as was supposed by the Collector his sympathy was misplaced in a case that had to be decided primarily on the ground of suitability or otherwise of a candidate. One of the conditions necessary for this grant is that a grantee must own land, tenancy or proprietary, in the Chak. Another suggested by an executive order of the Provincial Government is that the heirs of the deceased should be given preference to outsiders. But the paramount consideration is set forth in condition No. (2) of the conditions notified by the Provincial Government under subsection (2) of section 10 of the Colonization of Government Lands Act. This reads as follows:‑ "No person shall be entitled as of right to become a tenant, that is to say the Provincial Government hereby reserves to itself and retains absolute discretion in the selection of tenants for the lands referred to in this statement." While the other factors have to be balanced up and given due weight, suitability or ability to perform satisfactorily the duties and responsibilities devolving under the grant must remain the over riding consideration. On this question the opinion of the District Remount .Officer carries special weight. But in this case the District Remount Officer has not been able to record his clear and categorical advice because he was allowed, to be influenced by certain irrelevant considerations set forth in the Collector's order A dated 14th September 1957. First he recommended one party and then another "particularly" under the circumstances explained by the Collector. Where there is more than one party with evenly balanced claims, the District Remount Officer has to apply his mind on the comparative suitability of the rival candidates and recommend the person he considers most suitable to discharge the duties and responsibilities as grantee. I, therefore, remand, the case to the Collector and direct that he should consult the District Remount Officer again and pass suitable orders after obtaining his firm opinion. A. H. Case remanded.