JUDGMENT Bhairo Prasad, Member. - The reference has been made by Addl. Commissioner, Agra Division, Agra vide his recommendation dated 18-1-1988. 2. In brief the facts of this case are that the Land Management Committee, Pathraua, District Mainpuri has allotted agricultural land to 9 allottees. One Kali Charan has challenged the allotment on various ground including the ground that the present revisionists are not the resident of the village of the disputed land. The trial court cancelled the leases of the revisionist Chandrapal, Bijendra Singh and Bharat Singh that they are not resident of the village and allottee Bijendra Singh Possessed the land beyond the prescribed limit. Bharat Singh challenged the revision separately which revision has been dismissed by the Addl. Commissioner vide his order dated 18-12-1986. That order was passed in revision No. 100/1986. In these circumstances of the case the order against allottee Bharat Singh has become final. Remaining other two allottees i.e., Chandra pal Singh and Bijendra Singh the learned counsel argued that they are the resident of the village if there was any land in the name of their father that land cannot be considered while allotting the land to these revisionists, therefore, the order of the trial court is illegal and should be set aside. 3. I agree with the contention of the learned counsel that the land of the father should not be considered by the allotment is challenged regarding the major son of that tenure-holder but there should be definite finding on records that they are landless agricultural labourers. No other such finding has been recorded by the trial court. 4. In these circumstances of the case the reference is accepted but the order is modified that the case is remanded to the trial court, that the trial court should record a finding that they are landless agricultural labourers or not. If they are landless agricultural labourer their leases should not be cancelled.