' On the death of Zain Khan Lambardar of Chak No, 97/W.B., Tehsil Vehari, the A.C./Collector, Vehari appointed the appellant Rehmat Khan as successor Lambardar on ground that -Rehmat Khan is not the only son of deceased Lambardar but also belongs to the majority community. He is the owner of 12i Acres whereas his rival candidate owns 8 Acres". The orders of the learned A.C./Collector were, however, set aside by the learned Commissioner, Multan and the case remanded for fresh determination on ground that the chak was chiefly owned by the State and the appointment of Lambardar was to be made under rule 19(1) of the Land Revenue Rules. The appellant Rehmat Khan has come up in appeal against the orders of the learned Commissioner, dated 2-6-1985.
2. I have heard the learned counsel for the parties. The learned counsel for the appellant Rehmat Khan has tendered statement verified by the Tehsildar, Vehari according to which 952 Acres out of total area of 1155 Acres is under proprietary holding. It is also established by the Court orders produced by the learned counsel for the appellant that the previous incumbent Zain Khan. Was a permanent Lambardar of this Chak. The case of the appellant is resisted by the learned counsel for the respondent on ground that the remand order of the learned Commissioner should not be set aside in appeal.
3. In consideration of the fact that the Chak is mostly with the proprietors and the last incumbent was a permanent Lambardar, I would accept the contention of the learned counsel for the appellant that Rehmat Khan has prior claim for appointment on grounds of primogeniture With these considerations in view, I would accept the appeal, set aside the orders of the learned Commissioner and appoint Rehmat Khan as Lambardar of Chak No, 97/W.B,