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Appeal No. 19 of 1948‑49, decided on 14th January 1950 from the order of the Commissioner, Multan, dated 8th Feb ruary 1949.
S. 28‑Land Revenue Rule 17‑Appointment of Lambardar‑‑Rule of primo geniture should be strictly adhered to :--
Muhammad Amin Khan, for Appellant.
S. H. Jaffary, for Respondent.
This is an appeal against the order of the Com missioner, Multan Division, dated 8th February 1949, whereby he appointed M. Muhammad Shafi as Lambardar of Chak No. 226. Tahsil Chinior, District Jhang and set aside the order of the Collector, Jhang, dated 8th July 1948 by which he appointed Saleh Muhammad as Lambardar.
2. I have heard both the parties. The facts of the case are that Khuda Bakhsh was Lambardar of two villages, Sultan pur and Chak No. 226. On his death Allah Bakhsh his eldest son was appointed Lambardar of Chak No. 226 and Muhammad Shafi his third son was appointed Lambardar of Sultanpur in his father's lifetime. Allah Bakhsh and Sultan Muhammad the second sons were childless. Saleh Muhammad the first son was appointed Lambardar of Chak No. 226 by the Collector on the death of Allah Bakhsh passing over Muhammad Shafi on the ground that since Muhammad Shafi was appointed Lambardar of Sultanpur over the head of his elder brother a custom has been established that the Lambardaris should be split up disregarding the rule of primo geniture. This one instance cannot establish a custom and I agree with the Commissioner that in view of the specific provisions of law the rule of primogeniture should be strictly adhered to. I see no reason to interfere with the order of the Commissioner and the appeal is rejected.
K.M.A Appeal rejected.
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