JUDGMENT M.P. Pandey, M. - This is a revision against the order dated December 26, 1969 passed by Sri S.K. Misra, A.C. 1st Class district Fatehpur in a case under Section 122-B of U.P.Z.A. and L.R. Act. 2. Lekhpal reported that Surajdin had encroached upon plot Nos. 486/1(2-1-0) and 502/2(0-8-0) situate in village Chhau Mednipur, Pargana, Tehsil and district Fatehpur from 1375F. 3. In response to the notice in Form 49-A, the opposite party said that he was in possession of the land in dispute from before abolition Zamindari and he had become Sirdar thereof. 4. Both parties produced evidence. Babu Lal lekhpal said that the land in dispute was being cultivated by the opposite party, and there was a Mahua tree which belonged to him. He said that the tree was about 35 years old. Sukhdeo Pradhan, also said that opposite party was in possession from a long time and the tree belonged to him. From this, it is made out that the opposite party is in possession of the Mahua tree and the land as well. 5. Learned A.C. 1st Class has passed an order of ejectment against the opposite party and imposed Rs. 273/- as damages. Hence, this revision. 6. It has been urged on behalf of the opposite party-revisionist that even if he has no claim over the disputed area, because he is not recorded as tenant on that either before the abolition or afterwards. But he certainly has a claim over three and, he should, on this mere account be ejected therefrom. There is some force in this argument. Even Lekhpal and Pradhan themselves say that tree belongs to opposite party and he has been gathering its fruits. It will have to be taken that he is the owner of the tree. It would, therefore, be not proper to eject him from the tree or area covered by the tree. I am supported in this by Mohd. Hanif v. Gaon Sabha 1976 R.D. 160. 7. In view of the above, the order under revision is partly set aside. The result will be that the O.P. revisionist shall not be ejected from the tree or area covered by the tree; he shall however, be ejected from the remaining area. The damages imposed on him, are also reduced from Rs. 273/- to Rs. 200/-.