P L D (Rev (PLP)
BAHAWAL BAKHSH‑Appellant Versus IMAM DIN‑Respondent Respondent
| Citation | P L D (Rev (PLP) |
| Forum / Court | |
| Bench Members | Akhter Husain, Financial Commissioner |
| Parties | BAHAWAL BAKHSH‑Appellant Versus IMAM DIN‑Respondent Respondent |
Q1: What are the key laws and sections cited in P L D (Rev (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D (Rev (PLP)?
The case was heard and decided by the bench comprising: Akhter Husain, Financial Commissioner.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D (Rev (PLP) (BAHAWAL BAKHSH‑Appellant Versus IMAM DIN‑Respondent Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Lambardar‑Appointment of‑Whether Shariat Act displaces rule of primogeniture recognised by Land Revenue Rule
17. The provisions of the Sharait Act cannot override the provi sions of the Land Revenue Rule 17 inasmuch as the Shariat Act governs only such matters as have been laid therein. The rule of primogeniture in the matter of appointment of lambardar is not one of those matters. Appointment of the grandson a son of the predeceased eldest son of the last incumbent, in preference to a son is in order. Parties present with Counsel.
Judgment & Decree
Parties present with Counsel. AKHTER HUSAIN, F.C.‑This is an appeal against the order of the Commissioner, Lahore Division, dated 5th January, 1952. Chuhar lambardar of village Qyampur, tahsil Sheikhupura died. The Collector, Sheikhupura on the 4th September, 1951 appointed Bahawal Bakhah son of Chuhar as lambardar in prefer ence to Imam Din son of Ahmad Din predeceased elder son of Chuhar, on the ground that Imam Din could not succeed to the property of Chuhar deceased under the Shariat Act. The Commissioner in appeal held that since Imam Din had obtained substantial area of land by Way of gift from his aunt, he is not disqualified in any way from being appointed as lambar dar under the rule of primogeniture. Bahawal Bakhsh has now come up in second appeal alleging that the respondent had no right to succeed to the property of his grandfather and thus all his relations and claims of inheritance accruing from his own father did not exist. The provisions of the Shariat Act cannot override the provi sions of the Land Revenue Rule 17 inasmuch as the Shariat Act governs only such matters as have been laid therein. The rule of primogeniture in the matter of appointment of lambardar is not one of those matters. The appeal is, therefore, rejected. Announced. A.H. Appeal rejected