MUSHTAQ HUSSAIN vs Mst. NASEEM AKHTAR Err.

ORDER

M. 13URHANUDDIN KHAN, J.--Leave is sought against the judgment of the Lahore High Court dated 26-10-1981 whereby Writ Petition No. 379/1981 against the order of the Revenue Authority by which Mst. Nasim Akhtar, respondent, was appointed as Lambardar of village Sadana, Tehsil Gujar Khan, District Rawalpindi, was dismissed.

2. Mst. Nasim Akhtar is the daughter of Ghulam Razaq who was the Lambardar of the said village and died on 26-10-1978. Keeping is view the rule of primogeniture, respondent Mst. Nasim Akhtar was appointed as Lambardar. Mushtaq Hussain, petitioner, brother of Ghulam Razaq, contested the Lambardari before the Collector, Gujar Khan Sub-Division, who, vide his order dated 28-6-1980, decided in favour of Mst. Nasim Akhtar. The petitioner then filed appeal before the Commissioner, Rawalpindi Division, Rawalpindi who, vide his order dated 17-6-1981, dismissed the appeal.

Aggrieved from this order the petitioner filed a writ petition resulting in the impugned order.

3. Learned counsel has contended that the rule of primogeniture as spelt out under rule 19 of the West Pakistan Land Revenue Rules, 1968 which govern the appointment of successor to the office of a headman does not include a daughter. He referred to sub-rule (2) of rule 19 which reads as follows ..(1)---------------------------------------------

(2) In other estates, the nearest eligible heir, according to the rules of primogeniture shall be appointed unless some special custom of succession to the office be distinctly proved but subject, in every case, to the following provisions.

(a) The claim of a collateral of the last incumbent to succeed shall not be admitted solely on the ground of inheritance unless the claimant is a descendant, in the male line, of the paternal-great grandfather of last incumbent."

4. The learned counsel further contended that Ghulam Razaq died on 26-10-178 and according to the rule quoted above, the petitioner, who was the younger brother of the deceased Lambardar, was the nearest eligible heir being the descendant of Abdul Ghani, in the male line, and Mst. Nasim Akhtar respondent, therefore, was not entitled to be appointed as Lambardar. This argument has no force as there is nothing in the rules to deprive the respondent of the right of Lambardari by applying the Rules of primogeniture. Under rule 19 (2)(d) of the West Pakistan Land Revenue Rules, 1968 a female is not ordinarily eligible for the office of a headman but may be appointed when she is the sole owner of the estate for which the appointment has to A be made, or for special reasons in other cases. Under this rule a woman can be appointed as Lambardar. Therefore, there was no violation of the law and the orders of the Revenue Authorities are not without jurisdiction. This petition is, accordingly, dismissed.