JUDGMENT Bhairo Prasad, M. - This reference has been made by the Additional Commissioner, Gorakhpur Division, Gorakhpur vide his order dated 31.7.90 under Section 333-A of U.P. Act No. 1 of 1951. This recommendation has been made against the order of Tahsildar Lalganj dated 21.3.87 passed in a proceeding under Rule 115-C of U.P. Z.A. and L.R. Rules. 2. In brief the facts of this case are that notices were issued to the revisionist that they have encroached plot No. 21 area 1.085 kari of village Revsa. The revisionists contested the proceeding on the ground that they had their trees standing in this plot since before the enforcement of Z.A. and L.R. Act, therefore, they have not encroached upon the land of the Gaon Sabha. The Trial Court rejected the plea and ordered for the ejectment of the revisionist and imposed a damage of Rs. 2,504/- and Rs. 3/- as expenditure. Revision was filed against that order before the Additional Commissioner who has recommended that there are trees in the disputed plot. Their age should be ascertained and the proceeding should be again decided. 3. No objection has been filed. No one has appeared. Perused the record. 4. I agree with the recommendation of the learned Addl. Commissioner that the age of the trees standing in the disputed plots will decide the question of encroachment in the disputed plot. This point should be again examined after taking the evidence and the proceeding should be conducted in accordance with law afresh.