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Appellate Side No.1 of 1951‑52, decided on 29th January 1952.

S. 28‑Appoint ment of Lambardar‑Land Revenue Rules, rule 17 (i) and (ii) ‑Estate "chiefly owned" by Government means "largely owned" ‑More than half owned by Government‑Rule applicable is 17 (i).

The word " chiefly " means " largely ", and as more than half the estate is still owned by Government, the rule appli cable is clearly rule 17 (i).

Khawaja Abdur Rahim, for Appellant.

S. H. Jafari and Muhammad Ismail Bhatti, for Respondent.

‑This is a second appeal in a Lambardari case from the order of the Commissioner, Multan Division, dated the 4th September 1951, by which he set aside the order of the Collector, Nili. Bar Colony, dated the 24th October ‑1950, appointing Muhammad Sai Khokhar as Lambar dar in Chak No. 74/E.B., and appointed Habib Alam Shah as Lambardar.

The facts of the case are that the Lambardari fell vacant on the death of S. Rukan Alain Shah. The. Collector treated this Lambardari as falling under rule 17 (i) of the Land Revenue Rules for the reason that the estate was chiefly owned by Government. He appointed Muhammad Sai as Lambardar setting aside the claim of Habib Alam Shah, the deceased Lambardar, on the ground that he was a defaulter of Govern ment dues, and that he had been convicted in a Criminal Court under section 323 I. P. C. The learned Commissioner .held that as over 33 per cent. area of the chak constituted propriet ary area, it could not be stated to have been cheifly owned by Government, and, therefore, the Lambardari would fall under rule 17. (ii) of the Punjab Land Revenue Rules. He also held that the conviction under section 323 I. P. C. was insufficient to ignore the claims of Habib Alam Shah. The learned Commissioner has erred in finding that the estate of which the Lambardari is in dispute, was not chiefly owned by Government. It has been held by the Financial Commissioners in several rulings that the word chiefly" means "largely", and as more than half the estate is still owned by Government, the rule applicable is clearly Rule 17 (i). There was, therefore, no misconception of law by the Collector. I, therefore, set aside the order of the Commissioner and restore the Collector's order of 24th October 1950, appointing Muhammad Sai Khokhar as Lambardar.

Parties to be informed.

A. H.

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