JUDGMENT Bhairo Prasad, M. - This reference has been made by the Addl. Commissioner, Gorakhpur Division, Gorakhpur vide his recommendation dated 8.1.1990 against the order of Sub-Divisional Officer, Tamkuhiraj, Deoria dated" 8.12.1987 passed in a restoration proceeding arising out of a suit decided under Section 229-B of U.P. Act No. 1 of 1951. 2. In brief of facts of this case are that a suit was filed by Jangi and Rajmangal sons of Baleshwar against Gaon Sabha and Uttar Pradesh, State that they are in possession over plot No. 63/2 area 69 of village Ghazipur, Deoria. The suit was decided on 18.12.1975 then restoration application was filed to set aside that decree and order. After taking the evidence and considering the case of the parties the trial court has set aside that decree vide its order dated 18.12.1987. The revision filed against that order was recommended to this court that it should be accepted and the trial court's order should be set aside on the ground that the decree was passed in 1975. The ex-parte order was set aside in 1987. 3. No objection has been filed and no one has appeared in this Court. I have perused the record. 4. The restoration application was filed on 10.6.1976. If the trial court has taken 12 years to decide the restoration application then there is no infirmity on this ground. A perusal of the order shows that the suit was decided ex-parte. 5. No single piece of evidence has been shown regarding the possession of the revisionist. Only the statement of Ram Shanker Prasad was recorded to prove his possession. This is not a sufficient evidence to prove the claim of the revisionist. In these circumstances of the case the order passed by the trial court is perfectly justified need not to be set aside. Hence the recommendation of the Addl. Commissioner is not accepted as it is not based on any legal ground, hence it is rejected.