JUDGMENT P. Singh, Member - This reference has been made by the learned Commissioner, Jhansi Division, Jhansi, Sri J. N. Rajan, for setting aside the trial court's order dated 28-9-79 passed in a case under Section 198 (4) of U.P. Act I of 1951. 2. Briefly, the facts of the case are that on the report of Tahsil proceedings under Section 198 (4) of U.P. Act I of 1951 were initiated against the opposite party Chhimadhar on the grounds that the lease was not granted to him according to rules, that he was a resident of outside the circle of Gaon Sabha and that he was not a landless agricultural labourer. A show-cause notice was issued to the lessee. An objection was filed by him contending that the allotment was made according to the provisions of law, that Talau is a 'viran' village where mostly the residents of village Dhawa cultivate the land, that there was no landless agricultural labourer, and that the disputed land was the only source of livelihood of his family and it was prayed that the proceedings should be dropped. The trial court after taking evidence of the parties and evaluating them dropped the proceedings. Aggrieved by that order the State of U.P. filed a revision before the learned Commissioner. 3. I have heard the learned counsels for the parties and perused the record. 4. The learned Commissioner in para 4 of his order says that there is 20.77 acres of land in the name of the lessee's father and the lower court committed an error in dropping the proceedings, that the lessee was not a landless agricultural labourer because there was sufficient land in his name. An objection has been filed by the opposite party alleging that he belongs to a separate family and that the land held by his father could not be added to his land. The learned counsel for the opposite party has drawn my attention to Explanation 1 of Section 198 (4) which reads as under : Explanation. 1 - For the purposes of this sub-section (1) 'Landless' refers to a person who or whose spouse or minor children held no land as bhumidhar or asami and also held no land as such within two years immediately preceding the date of allotment." 5. 1 - For the purposes of this sub-section (1) 'Landless' refers to a person who or whose spouse or minor children held no land as bhumidhar or asami and also held no land as such within two years immediately preceding the date of allotment." 5. From the above Explanation it is evident that a person who or whose spouse or minor children held no land as bhumidhar or as asami and also held no land as such within two years immediately preceding the date of allotment is a landless person. In the instant case the opposite party's father cannot be said to belong to the family of the opposite party. This view finds support from a decision of the Hon'ble High Court reported in 1984 AWC 687 . It appears that the provisions contained in Explanation 1 to Section 198 (4) escaped the notice of the learned Commissioner. On other grounds of show-cause notice no findings have been recorded by the learned Commissioner. There is no alternative before this Court except to reject the reference made by the learned Commissioner and direct him to decide the case after taking into consideration the provisions of law contained in Explanation 1 to Section 198 (4) of U.P. Act I of 1951, and also recording his findings on other grounds narrated in the show-cause notice, if any.