JUDGMENT I.B. Singh, Member - This is a reference made by the then learned Additional Commissioner, Agra Division, Agra, Sri S. Mubarak Hasan by his order dated October 8, 1973 recommending to allow the revision application by setting aside order dated February 12, 1973 passed by Sri Narendra Mohan Sharma, Tahsildar Khair/Asstt. Collector Ist Class, Aligarh dropping the proceedings under Rule 115-C of Act I of 1951, The recommendation is to order for ejectment of the appellant. 2. The proceeding was started on the application of one Ram Chander dated January 27, 1972 and on the report of S.K. dated June 4, 1972 for ejectment of O.P. from plot No. 667. 3. After receiving the notice in form 49-A the O.P. objected filed objection that the disputed land was allotted for building house to one Ram Swarup is 1966 who died in 1969 and the O.P. had purchased it from the heirs of Ram Swarup in 1969 after the death of Ram Swarup. 4. I have heard the learned counsel for the parties and have perused the record. 5. It was argued on behalf of the State that a Ram Swarup did not build the house within three years as provided in Rule 115-C his rights were extinguished, therefore, his heirs had no right to sell it to the Opposite Party who was liable to be ejected, therefore, the proceeding was wrongly dropped by the trial court and the recommendation should be accepted. 6. It was argued in reply that the word used in Rule 115-C shall be extinguished "connotes that the rights of the allottee shall not extinguish automatically after expiry of 3 years if he fails to build house and his rights subsisted and were inherited by his heirs who has heritable interest, in the land allotted under Rule 115-R (3)(e) and the prohibition regarding transfer within 10 years to the allottee as provided by Rule 115-R(1) did not apply to the heirs of the allottee in view of proviso II Rule 115-R(1) of the U.P. Zamindari Abolition and Land Reforms Rules, therefore, the order of the trial court was highly justified and is perfectly valid, hence the reference should not be accepted. It was further argued that the O.P. had constructed his house prior to 24th day of May 1979 and he belong to category mentioned in Section 122-C (3) the house shall be held by him on terms and conditions prescribed in Rule 115-R as provided by Rule 115-T. 7. Rule 115-Q of U.P. Zamindari Abolition and Land ReformsRules runs as follows:- "The person to whom the housing site is allotted shall be required to build a house and being to reside in it or to use it for the purpose for which it was built within three years from the date of allotment. If he fails to do so or uses it any time for a purpose other than that for which it was allotted his rights shall be extinguished and the site may be taken over by the Land Management Committee: Provided that in the case of a person belonging to Scheduled Caste/Schedule Tribes, the Collector may extend the period for the construction of the house by another three years if he is satisfied that sufficient reasons exist to do so." It the allottee fails to construct or build the house for which the land was allotted to him within 3 years from the date of allotment his rights shall be extinguished and the site may be taken over by the Land Management Committee. The phrase "his rights shall be extinguished" connotes that for extinguishing his rights action will have to be taken by the Collector under the rule which intention is further made clear by the proviso to the rule which authorises the Collector to extend the period for construction of the house by another three years. If he is satisfied that sufficient reasons exist to do so. The word "extinguish" means put out, quench, wipe out which is synonymous to "extinct" which means has ceased acting and they are synonymous to "cease" which means desist from stop doing; come to an end..... to exist. If he is satisfied that sufficient reasons exist to do so. The word "extinguish" means put out, quench, wipe out which is synonymous to "extinct" which means has ceased acting and they are synonymous to "cease" which means desist from stop doing; come to an end..... to exist. Section 189 provides for extinction of the interest of a Bhumindhar with non-transferable rights and Section 190 provides that extinction of the interest of a Bhumindhar with non-transferable rights and Section 191 provides for the extinction of the interest of Asami and Section 190(cc) provides for the consequences of illegal transfer in contravention of Section 154 of Act I of 1951 read with Section 163 of that Act and it has been consistently held that unless L.M.C. files a suit the right of illegal transfer cannot be deemed to have extinguished and will be deemed to exist as has been held in 1966 R.D. page 77, 1975 A.W.C. page 147 and 1976 R.D. page 225 and 1979 R.D. page 1. Therefore, I hold that the rights of the allottee who had not built the house within 3 years had not automatically extinguished as no action was taken under the above quoted rule of the U.P. Zamindari Abolition and Land Reforms Rules and the conclusion of the trial court by his order dated February 12, 1973 was correct and the recommendation is, therefore, not acceptable. 8. The transfer was made by the heirs of the allottee to whom restriction of 10 years was not applicable as has been provided by the proviso the Rule 115-S(1) of the U.P. Zamindari Abolition and Land Reforms Rules which runs as follows:- "Where any land or site is allotted in accordance with Rules 115-L to 115-G and house is built thereon, then, subject to the provisions of sub-rule (2) the allottee shall have no right to transfer such land, site or house within a period of ten years from the date of the allotment: Provided that the heirs of deceased allottee may transfer such land, site or house before the expiry of the said period of ten years." Therefore, there was no illegal transfer in favour of the applicant by the heirs of deceased allottee as the allottee as well as the heirs and heritable interest in the land or site so allotted per Rule 115-R(2)(a). 9. 9. The Additional Commissioner did not consider the provision of Rule 115-I of the U.P. Zamindari Abolition and Land Reforms Rules which runs as follows:- "Where any person referred to in sub-section (3) of Section 122-G has built a house on any land vested in the Gram Sabha, not being land reserved for any public purpose and such house exists on the twenty-fourth day of May, 1971 the site of such house shall be held by the owner of the house on terms and conditions prescribed in Rule 115-R." It provides that if the house has been built by a person belonging to a category of sub-section (3) of Section 122-C which existed on 24th day of May 1971 and the land was not reserved for any public purposes the site of such house shall be held by the owners of the house on the terms and condition prescribed in Rule 115-R. The applicant belongs to a category mentioned in sub-section (3) of Section 122-C and his house exists since prior to the appointed dated namely 24th day of May 1971, therefore, according to Rule 115-T the applicant is entitled to hold the house on terms and conditions prescribed in Rule 115-R. This rule would have applied if the right of the allottee and his heirs would have been extinguished under Rule 115-Q of the U.P. Zamindari Abolition and Land Reforms Rules but their rights had not been extinguished as held above. 10. In view of the above the reference is not accepted and the revision application is rejected and the order of the trial court is hereby confirmed.