JUDGMENT Bhairo Prasad, Member. - This reference has been referred under Section 333-A of U.P. Act No. 1 of 1951 by the Additional Commissioner, Moradabad Division, Moradabad, vide his recommendation dated 7.4.1989. 2. In brief the facts of the case are that a proceeding under Section 198(4) of U.P. Act No. 1 of 1951 was decided by the trial court on 23.9.1988 in which the allotment of Rahman for plot no. 498 area 0.53 acre was cancelled. The revision was filed against that order. The revision has been referred with the recommendation that the allottee is landless labourer and is entitled for the allotment. 3. I have heard the learned D.G.C.(R) alone. No one has appeared on behalf of the applicant. Perused the record. No objection has been filed. 4. The trial court has relied the report of Tahsil against the oral evidence recorded on oath. The report is not an evidence. The oral evidence recorded before the trial court is evidence. The judgment of the trial court is not base on the valid evidence, therefore, the reference is accepted and the order of the trial court dated 23.9.1988 is set aside has not based on valid evidence. The reference is accepted accordingly.