JUDGMENT Bhairo Prasad, Member. - This reference has been made by Addl. Commissioner, Varanasi Division, Varanasi vide his recommendation dated 28.1.1983 against the order of the Asstt. Collector, 1st Class, Mariahun, district Jaunpur dated 9.11.1981. 2. In brief the facts of the case are that ejectment proceeding under Section 122-B of U.P. Act No. 1 of 1951 was started against the revisionist from the plot No. 2566 area 4 decimal of village Barreri, Pargana and Thehsil Mariahu, district Jaunpur on the ground that he has occupied the disputed land without any title. The Addl. Collector ordered the ejectment of the revisionist and has imposed a fine of Rs. 52/- as damages on the revisionist. The revision was filed against that order. The Addl. Commissioner has recommended that the trial court has not properly decided the proceeding, hence the order of the trial Court dated 9.11.1981 should be set aside and the case should be decided again afresh. 3. Heard the learned counsel for the parties. Perused the record. 4. The main contention of the revisionist is that there is house over this plot and he is in occupation of this land since long ago. The disputed plot is recorded as Bhita. It is usual feature that there are house on such land. The land was Bhita, therefore, it must have been out of consolidation during the consolidation proceeding, therefore record was not corrected. If the allegation is true it should be corrected and if house is found to be very old it should be declared the whole of that abadi site. The reference is accepted and the trial Court's order is set aside and the trial Court is directed to decide the proceeding afresh in accordance with the observation of the learned Addl. Commissioner and observation made by this court.