P L D 1966 W (PLP)

Rana Abdur Rahim for Respondent. This is an appeal filed against an order dated the 31st of March March 1964, passed by the Commissioner, Rawalpindi Division, whereby the appeal preferred by the respondent was accepted. The facts of the case are that under section 158 (2) (vi) of the Punjab Land Revenue Act, 1887, the petitioners applied for the correction of their caste from Maliar to Awan. The Sub- Divisional Officer, Pindigheb, recommended that the request of the petitioners should be acceded to and the name of the village should also be changed. The Deputy Commissioner accepted the recommendation. The respondent filed an appeal before the Additional Commissioner, who remanded the case. After remand, the Sub‑Divisional Officer again examined the case and dismissed the application. The petitioners filed appeal before the Deputy Commissioner, who remanded the case. The case was again beard by the Sub‑Divisional Officer, who recommended that the petitioners caste should be changed to Awan. This recommendation was accepted by the Deputy Commissioner. The respondent went in appeal to the Commis sioner, who accepted it and again remanded the case. The Sub‑Divisional Officer again recommended the change of caste and the Deputy Commissioner agreed. The respondent went in appeal to the Commissioner again, who again remanded the case. This time the Deputy Commissioner heard the parties and ordered the change of caste. The respondent went in appeal to the Commissioner who accepted the appeal and directed that the petitioners shall remain Maliar. Hence this appeal. I have heard the learned counsel for the parties. The law was wrongly quoted in the application but the learned counsel for the petitioners has drawn attention to P L D 1960 Lah. ‑ 770 and the application has been treated as one having been made under section 37 of the Punjab Land Revenue Act, 1887. On merits, however, I find that although the petitioner produced documents to prove their relationship with persons who are Awan, there are statements of the villagers themselves given at the time of second Settlement, wherein they said that the name of the village was as Mir Jan Maliar, as the founder of the village was Maliar. Again I find that there have been four Settlements and at the time of none of these Settlement, the question of change of caste was raised. Finally I find that in this case the petitioners do not only desire that their own caste should be changed from Maliar to Awan, but the name of the village should also be changed. Such matters should better be decided at the time of next Settlement. As things stand, it is not desirable to accede to the request of the petitioners at this stage and the learned Commissioner was perfectly correct in ordering that the petitioners caste should remain Maliar. In these circumstances the appeal fails and is hereby dismissed. K.M.A Appeal dismissed.