JUDGMENT Kaushal Kishore, M. - In this reference dated July 24, 1979, the learned Commissioner, Faizabad Division, Faizabad, has recommended that the revision petition be allowed and the order of the learned trial court dated September 30, 1976 be set aside and the case be remanded for issuing a proper notice since the notice in Form 49-A was defective. As the learned Commissioner himself remarked, he has not considered the case on merits. 2. I have the learned counsel for the parties and have also perused the record. 3. As regards the defect in the notice, I am not satisfied as to the defect being fatal. The opposite party Ram Lotan was never in doubt as to what the land in dispute was. In view of the rulings reported in 1979 R.D. 300 and 1980 R.D. 16, such technical defects do not remain material when the person proceeded against understands the land in dispute without any doubt. 4. That the learned counsel for the applicant argued that it was a case under Section 122-B(4-F) of the U.P. Zamindari Abolition and Land Reforms Act and if this sub-section applies then the proceedings had to be dropped. The learned D.G.C. (R.) argued that the learned trial court wanted a declaration to be made under the provision of Section 122-B(4-F) of the Act and for this purpose, stayed the proceedings which was without jurisdiction. He further argued that consolidation proceedings are over and so the case should be remanded to the trial court to see if the title had been decided in favour of the opposite party. I have seen the Lekhpal's statement also and find that it remains uncontested that Ram Lotan is Chamar by caste, was in possession of the land in dispute since June 30, 1975 and that he has no other land except the land in dispute which is only 15 biswas, 10 dhurs in all, according to the settlement of the Lekhpal dated July 30, 1976. Therefore, there should be no doubt that Section 122-B(4-F) of the Act applies to the present case. 5. No law has been shown to me that in the absence of any determination of title or adjudication on request or otherwise, by the consolidation authorities, the provision under Section 122-B(4-F) of the Act would not apply. Therefore, there should be no doubt that Section 122-B(4-F) of the Act applies to the present case. 5. No law has been shown to me that in the absence of any determination of title or adjudication on request or otherwise, by the consolidation authorities, the provision under Section 122-B(4-F) of the Act would not apply. The settlement of land by admission under Section 195 of the Act, so deemed in the case of Himijans in occupation since before June 30, 1975 and fulfilling since before June 30, 1975 and fulfilling qualification is voluntary and dose not depend on any earlier or subsequent declaration or adjudication in their favour and for this same reason application of Section 122-B(4-F) of the Act, is not depend on any adjudication, by the consolidation authorities. Therefore, I do not find any need to remand the case for checking up any adjudication during consolidation proceedings. 6. However, there is no provision to stay the proceedings under Section 122-B(4-F) of the Act and to get the title declared and this part of the order was really without jurisdiction. This sub-section provide that no action under this section for ejectment of such persons belonging to Scheduled Caste shall be taken by the L.M.C. or Collector and so the only order possible was to drop the proceedings. I am, therefore, unable to accept the reference but find a genuine need of modifying the learned trial court's order dated September 30, 1976 by replacing the last para with the following: "Therefore, the proceeding for ejectment are dropped as the opposite party is found to be deemed admitted as Sirdar of the land in dispute under Section 195 of the Act in term of Section 122-B(4-F) of the Act." 7. Accordingly, the revision petition is rejected but the last para of the order dated September 30, 1976 is modified as indicated above with the result that the proceedings before the learned trial court are dropped.