' CH. MUHAMMAD TARIQ, J.---Through this writ petition, the petitioner has assailed the order dated 20-9-2003 passed by the learned Member (Judicial-III), Board of Revenue Punjab, Lahore whereby he set aside the order, dated 13-9-2000 passed by the learned Commissioner Multan Division and accepted the appeal of respondent No,2 against the petitioner.
2. Brief facts of the case are that the father of the petitioner namely Waryam Khan was appointed as permanent Lumberdar on 6-9-1943. The said Waryam Khan died on 9-8-1996 and his eldest son Muhammad Yar (the petitioner) applied for the post of Lumberdar but the District Collector on the recommendation of field revenue staff, appointed respondent No,2 as Lumberdar vide order dated 13-7-2000. The petitioner challenged the order of the District Collector before the learned Commissioner Multan Division Multan who vide order dated 13-9-2000 accepted the appeal and set aside the order of the Disrict Collector Multan and under the rule of primogeniture appointed the petitioner as Lumberdar being the eldest son of deceased Lumberdar. Respondent No,2 challenged the order of the learned Commissioner Multan Division Multan before the Member Board of Revenue in ROR No,1987 of 2000 who vide his order dated 20-9-2003 accepted the revision petition, set aside the order dated 13-9-2000 passed by the learned Commissioner Multan Division, Multan and restored the order of District Collector and also restored the appointment of respondent No,2 as Lumberdar of the village. Hence this writ petition.
3. Learned counsel for the petitioner contends that the impugned order passed by the learned Member Board of Revenue is against the law who has erred while holding that the rule of primogeniture has ceased to exist. Learned counsel further contends that the original Lumberdar Waryam Khan died on 9-9-1996 while the honourable Supreme Court of Pakistan declared the rule of primogeniture as `unislamic' in the year, 1999, so the petitioner's appointment as Lumberdar shall be made in accordance the rules prevalent at that time, i.e, in accordance with the rule of primogeniture under Rule 19(2) of West Pakistan Land Revenue Rules, 1968. He prays that the writ petition be accepted and the impugned order dated 20-9-2003 passed by the learned Member Board of Revenue Punjab Lahore be set aside.
4. On the other hand, the learned counsel for the respondent has vehemently opposed this writ petition and has supported the impugned judgment passed by the learned Member Board of Revenue. He contends that the petitioner is an uneducated person who owns only 53 kanals of land in the concerned revenue estate and his eyesight is also weak while respondent No,2 was born in the year, 1960, he is an educated person who owns 62 Kanal of land and he is an ex-Councillor and ex-Chairman of Usher and Zakat Committee. He further contends that respondent No,2 is a non- convict and physically fit individual and deserves to be appointed as Lumberdar. He prays that the writ petition be dismissed and the impugned order passed by the learned Member, Board of Revenue be maintained.
5. Learned Assistant Advocate General Punjab has fully supported the arguments advanced by the learned counsel for the respondent and has prayed that the impugned order be maintained.
6. Arguments heard. Record perused.
7. The moot point in this case is that when the appointment of the petitioner as Lumberdar became due, whether the rule of primogeniture was in existence or not. The father of the petitioner died on 9-8-1996 while the honourable Supreme Court of Pakistan declared the rule of primogeniture against the injunctions of Islam vide judgment reported as PLD 1999 SC 448. It is evident that the original Lumberdar was died in the year, 1996 much before declaring by honourable Supreme Court of Pakistan that the rule of primogeniture is against the injunctions of Islam. So the appointment shall be made according to the A provisions of law prevalent at the time when the appointment became due, i.e, in accordance with the rule of primogeniture under rule 19(2), 25 and 26 of the West Pakistan Land Revenue Rules, 1968. According to the rule of primogeniture, the petitioner is the eldest son of the deceased Lumberdar who admittedly owns 53 kanals of land. It is evident from the record that during the life of his father, the petitioner had been performing the duties of Lumberdar as a substitute Lumberdar (Sarbrah Lumberdar). The learned Member, Board of Revenue has erred in B holding that the rule 19(2) of West Pakistan Land Revenue Rules, 1968, i.e, rule of primogeniture, is not attracted in this case. Respectful reliance is placed on the ratio decidendi laid down in the case Noor Muhammad Lumberdar v. Member, Board of Revenue Punjab, Lahore reported as 2003 SCM R 708.
8. As regards effect of alteration of law during pendency of pending cases is concerned, it is established principle of law that if law was altered during pendency of an action, dispute between the parties must be settled according to law as it existed when action was initiated and not in the light of law that existed at the time of final adjudication of the dispute.
9. The outcome of the above discussion is that this writ petition is allowed. The impugned order, dated 20-9-2003 passed by Mr. Tariq Yousaf, learned Member (Judicial-III) Board of Revenue Punjab Lahore is set aside and the order dated 13-9-2000 passed by the learned Commissioner Multan Division, Multan is restored. No order as to costs. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.