P L D 1957 P (PLP)

A. K. MALIK.‑

Maula Bakhsh petitioner was appointed Lambardar of Chak No. 277 J. B., Tahsil Toba Tek Singh, District Lyallpur on the migration of the non‑Muslim Lambardar of this village. On appeals filed against this order the learned Commissioner appointed Khair Din to this post. Maula Bakhsh has filed a second appeal against the Commissioner's order while Muhammad Ismail another candi date has filed a revision petition. The chak is predominently inhabited now by Arains, who number 168 against only 30 Gujjars. For this reason the Collector confined his choice to the Arains and selected Maula Bakhsh, mainly on the ground that he was previously a Lambardar in India. The Commissioner found that Maula Bakhsh was too old to be able to perform the duties of Lambardar, he held insufficient land to ensure payment of Government Revenue and that he was in fact living in another chak. On the other hand Khair Din respondent, although a Gujjar, was a Lambardar in East Punjab and owned more land than any of the other candidates. The Commissioner, therefore, selected Khair Din in this place. I have heard Mr. Ghulam Abbas Jafri for Muhammad Ismail, Sh. Shaukat Ali for Maula Bakhsh and Malik Shaukat Ali Advocate for Khair Din respondent. Ample evidence has been produced to show, that Maula Bakhsh, who has not appeared before me, is too old to be able to discharge the duties of a Lambardar properly. According to the voters list, he is described as 106 years old, although it has been suggested that he is even more advanced in age. It would also appear that Maula Bakhsh had been living in chak No. 278 J. B., where he owned property since several years before partition. He could, therefore, be considered to be a refugee only in a technical sense. For these reasons I agree with the Commissioner that Maula Bakhsh is not a suitable candidate to be appointed to this post. As between Khair Din respondent and Muhammad Ismail petitioner the latter represents the majority tribe. Gujjars are indeed in a very small minority in this village. The respondent, although previously a Lambardar in East Punjab cannot represent the majority of settlers in this chak. Muhammad Ismail, though not a Lambardar in East Punjab has been serving as a temporary Lambardar in this village for the last eight years and has earned a large number of com mendation certificates for his good work. Evidence has also, been produced to show that he has acquired additional land and now holds about 8ji acres of land which should be enough to ensure the payment of Government dues. if his holding is still considered to be inadequate for this purpose, the Collector can ask for a further surety. Although the tribe or community to which .a candidate belongs is not the determining factor in these cases it is all the same one of the most important and there must be altogether exceptional reason for ignoring it. For these reasons I accept Muhammad Ismail's petition. The appeal filed by Maula Bakhsh is rejected. K. A. M. Appeal rejected.