P L D 1957 W (PLP)

H. A. MAJID.‑

Muhammad Amir is the minor son of the dismissed Lambardar and was selected by the Collector to succeed to the Lambardari appointment. The Commissioner, however, interferred on the ground that the son was under the undesirable influence of his father. The father was convicted of an offence under section 420 P. P. C. in three cases involving a total sum of Rs. 50 or so. These amounts were received from the revenue payers of the estate in excess of the amounts shown in the Dhal Bachh. The son is a minor and is studying in a school. It cannot be, said that he will become a cheat on attaining maturity. The father was not a habitual cheat and I consider that the family has already learnt a lesson. In my opinion, this was not a fit case for disqualifying the son. The Commissioner also took into account the fact that the ownership of the son is only 21 acres. But this was the total ownership of the father and at no stage did the Revenue Officers of the district think of taking action for his dismissal on account of insufficient property. It appears that the estate in question has started receiving irrigation from the Thal canals in recent years and‑ the result is that the Govern ment demand, which has to be collected in the year, has b increased considerably in those recent years. If the Collector thinks that the Lambardar should furnish security in order to guarantee the due collection and deposit of the Government demand, I am sure he will take suitable action accordingly. But the fact that the annual demand has recently increased does not afford a correct reason for wanting to dismiss the hereditary Lambardar in the village. The fact that the hereditary Lambardari is liked by the people is proved by the fact that other candidates in the field were completely willing to give up their claims in favour of the son of the dismissed Lambardar. The Commissioner has appointed Ali Muhammad instead of Muhammad Amir and has stated that the tribe of Ali Muhammad has considerable interests in this village. It is not clear what those interests are or what proportion of the total interests in the village they form. If the Commissioner thought that the son of the dismissed Lambardar should not become his successor, the right course for him would have been to direct the Collector to make a fresh Lambardari appointment after taking into account the claims of all the candidates including those of Ali Muhammad. In the above circumstances, I accept Muhammad Amir's Petition of revision and direct that he should be appointed the Lambardar of the estate in the vacancy caused by the dismissal of his father. The other four revision petitions have become infructuous and should be taken as dismissed. K. M. A.