JUDGMENT I.B. Singh, M. - This is a revision against order dated December 29, 1977 passed by learned Additional Commissioner, Jhansi Division, Jhansi, dismissing revision No. 22 of 1977/Hamirpur confirming order dated November 2, 1977 passed by learned Collector, Hamirpur in a case under Section 198 of Act I of 1951. 2. I have heard the learned counsel for the parties and have perused the record. 3. Lease was granted to Sadhnanand Junior High School, Banki, on March 13, 1965. It is admitted case of the parties that now no such school exists in village Banki but a school exists in village Nandana. 4. It has been argued that the lease was legally granted, therefore, no legal grounds existed for cancelling the lease; that the non-existence of the school will amount to death of allottee on that ground lease cannot be cancelled. 5. It has been argued in reply that the resolution was to grant the lease to Junior High School Banki and not to Sadhnanand Junior High School, Banki as no such school exist, the lease was illegally granted and the order passed by the courts below are highly justified in any case as Sadhnanand Junior High School does not exist, therefore, the land escheated to the Goan Sabha and the result will be the same. 6. In rejoinder it has been argued that in the case of escheat to the Gaon Sabha and the State, the forum will be different, therefore, the order passed by both the courts below are without jurisdiction. 7. There is preponderance of evidence that the resolution of March 13, 1965, copies of which are on the file which have been filed by both the parties, was that lease was to be granted to Junior High School Village Banki. There was no mention of Sadhnanand Junior High School, Banki, therefore, the lease to the said school was granted without any resolution of the L.M.C. and as that school namely Sadnanand Junior High School, Banki admittedly does not exist and the disputed land is being illegally utilised by Ram Bahadur Singh as Manager of the said school (which does not exist). Therefore, it was rightly held by both the courts below that the lease was illegally granted to Sadhnanand Junior High School, Banki, as there was no resolution for granting the lease to that school. Therefore, it was rightly held by both the courts below that the lease was illegally granted to Sadhnanand Junior High School, Banki, as there was no resolution for granting the lease to that school. Therefore, the lease has been rightly cancelled by the learned Collector Hamirpur and that order has been rightly upheld by the learned Additional Commissioner, Jhansi Division, Jhansi and no illegality has been committed and orders passed by both the courts below are not liable to be interfered with. 8. There is no question of escheat in the present case. It would have happened only when the allottee would have died heir less only then proceeding for declaring it to have vested in the Goan Sabha according to Section 190 of Act I of 1951 would have been applicable. In the present case the allotment itself was illegal, therefore, its cancellation was essential. 9. The argument that after consolidation proceedings new Chak was carved out and for the present disputed plots of the new Chak cancellation proceeding was illegal and unfeasible, has got no force because allotment according to the resolution was to be made for the present disputed plots and they are in question and no new members of plots were allotted and even if it would have been so the cancellation proceeding for new substituted plots by consolidation operations in place of old allotted plots, would have been legal and valid. There is no provision that cancellation proceeding for new corresponding plots is not maintainable. If this argument is accepted then even declaratory and ejectment suits after consolidation operation would not be maintainable, hence this argument is repelled. 10. In view of the above, this revision application has got no force, therefore, it is hereby rejected. The orders passed by both the courts below are confirmed. 11. Let the trial court's record be sent to it at once for necessary action.