JUDGMENT R.S. Varma, M. - A case under section 122-B Z.A and L.R. Act was started against Ram Nakchatra on the report of the Lekhpal. It was alleged that he has wrongfully occupied the Gaon Sabha property. The learned trial Court ordered ejectment of Ram Nakchchatra. Aggrieved by this order Ram Nakchchtra filed a revision in the Court of the learned Additional Commissioner, who has recommended that the revision be allowed because the possession of Ram Nakchchtra was proved to be from before June 1975 and that in view of this fact he was not liable to ejectment. The learned Additional Commissioner pointed out that evidence of Ram Nakchchatra was recorded prior to the statement of the Lekhpal and this was a material irregularity which require revisional interference. The learned Additional Commissioner has cited 1976 R.D. page 208 in support of his finding. 2. I partly agree with the recommendation of the learned Additional Commissioner and that argument is in respect of the criticism made against the procedure adopted by the learned trial court in first examining the witnesses of Ram Nakchchatra and thereafter examining the Lekhpal. This was indeed a material irregularity. The evidence of the Lekhpal was to be recorded first and thereafter in rebuttal Ram Nakchchatra and his witnesses should have been examined. On this ground I set aside the order of the learned trial Court and remand the case to it for deciding the case after regularising the procedure regarding examination of witnesses. It may be clarified one again that the Lekhpal and his witnesses should be examined first and thereafter the evidence of Ram Nakchchatra and his witnesses should be taken.