JUDGMENT I.B. Singh, Member - This revision application has been filed by Hansraj against order dated 30-9-1975 passed by Tahsildar/Assistant Collector 1st Class Bikapur, district Faizabad in a case under Section 122-B of Act I of 1951 ordering ejectment of the applicant and imposing Rs. 2904/- as damages. 2. The learned Additional Commissioner, Faizabad Division by his reference dated 10-9-1976 has recommended to set aside the impugned order and to dismiss the case against the applicant. 3. I have heard the learned counsel for the parties and have perused the record. 4. The lekhpal reported on 10-11-1974 that the applicant had trespassed since 2 years on the disputed plots of the Gaon Sabha and has caused Rs. 1260/- as damages. The applicant had filed objection that he was not in possession and had no concern with the disputed plots which are of the Gaon Sabha; that the Gaon Sabha had given Patta to one Raj Narain and Raj Narain was in possession after the issue of the Patta in his name. 5. Raj Narain stated on oath that he was in possession of the disputed plots after the patta issued by the Gaon Sabha in his favour. No evidence was adduced by Gaon Sabha to controvert him. When the patta was granted to Raj Narain the land did not remain Gaon Sabha land, therefore, after the patta in favour of Raj Narain no proceeding under section 122-B of Act I of 1951 was maintainable against applicant Hansraj and the trial court acted illegally in usurping jurisdiction under Section 122B-of Act I of 1951 which did not exist as the land did not remain Gaon Sabha's property. 6. When the applicant did not claim possession damages could not have been imposed on the applicant in view of Rajaswa Anubhag-12 G.O. No. 8639/ 75-Sa-12-2384/75 dated 10-9-1975 and B.O. No. 11693/G-5-639/73 dated 22-10-1975. 7. In view of the above, the reference is accepted and the order of the trial court is liable to be set aside and the revision application is liable to be allowed. 8. In view of the above, the revision application is allowed and the order of the court below is set aside. The name of Hansraj applicant shall be expunged from the disputed plots.