JUDGMENT A. U. Khan, M. - The facts are: a proceeding purporting to be under Section 123 of the U.P.Z.A. and L.R. Act was filed in the court of Sub-Divisional Officer Gyanpur, Varanasi. Ram Karan had moved an application that they qualify all the legal requirements for entry of the land in records as Abadi over which their houses had been built. An objection in opposition was filed by Bullar Sub-Divisional Officer, Gyanpur by his order dated 8.7.81 directed that land measuring 16 biswas be recorded as Abadi. 2. Bullar carried a revision in Commissioner's. Additional Commissioner by his order dated 2.5.86 has submitted his recommendation to set aside Sub-Divisional Officer's order dated 8.7.81. The reference is here under consideration. 3. Heard the counsel for the opposite party and perused the record. 4. An application under Section 123 (2) of U.P.Z.A. and L.R. Act was moved by Ram Karan in the court of Sub-Divisional Officer, Gyanpur. This application is not maintainable because section 123 is not a procedural provision to sustain an application such as Ram Karan's. This section attempts a definition of accrual of legal rights on satisfaction of certain ground conditions. This is a definition in Substantive Law. Therefore Ram Karan will have top file a regular suit under Section 229-B of U.P. Z.A. and L.R. Act to claim rights under Section 123 (2) of U.P.Z.A. and L.R. Act. No declaration of rights such as is conceived under Section 123 (2) of U.P.Z.A. and L.R. Act is possible on an application. For this reason, the reference made by Additional Commissioner is accepted. The order of Sub-Divisional Officer dated 8.7.81 is set aside. Gaon Sabha's cannot be deprived of their rights in the Bhumidhari land on an application by Ram Karan.