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Appeal No. 120 of 1962‑63, decided on 12th July 1963, Dist rict Sialkot.
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----Facts in knowledge of party‑Can be taken into consideration in appeal.
r. 17 (2) ‑Rule of primogeniture‑Meaning.
Ghulam Rasul Lambardar of village Ghatoo Rora, District Sialkot was dismissed by the Collector as he had alienated his entire property in the estate. The vacancy was filled by the appointment of Sardar Muhammad, appellant. The learned Additional Commissioner, Lahore interfered in appeal and set aside the Collector's choice on the ground that Sardar Muhammad had a bad record having been convicted under section 420, P. P. C. and his history sheet had been opened by the Police. He appointed Ali Ahmad Khan, respondent instead. Sardar Muhammad has come up in second appeal,
Two legal issues have been raised before me. Firstly that the previous record of the petitioner that is to say his conviction and police surveillance were questions of fact and should not have been allowed to be raised in appeals. The correct position, however, is as mentioned by the learned Additional Commissioner namely that the appellant was also a candidate when Ghulam Rasul was originally appointed Lambardar and the record of that case gives the reasons quite clearly why he was overlooked at that time. These reasons were the same what were taken up before the learned Additional Commissioner, Thus these questions of fact were known to the appellant and he was not taken by surprise when his previous record was brought to the notice of the Additional Commissioner in appeal. The second point urged is that in selecting Ali Ahmad Khan the rule of primogeniture as laid down in Land Revenue Rule 17 (2l has been ignored. This is not correct either. The Lambardari is not hereditary qua Sardar Muhammad as the first person in they family who was appointed Lambardar was his nephew. Primo geniture as defined in the Oxford Dictionary runs as follows:
Fact of being the first born of the children of the same parents; right of succession belonging to the, first‑born, esp. federal rule by which whole real estate of intestate passes to eldest son.
In this particular case the petitioners' claim obviously does not fall under the rule of primogeniture. Thus neither of the two contentions has any force and the appeal stands dismissed.
K. M. A. Appeal dismissed.
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