JUDGMENT Bhairo Prasad, Member. - This second appeal had been filed under Section 331(4) of U.P. Act No. 1 of 1951 against the judgment and decreed dated 24.101975 passed by Additional Commissioner, Varanasi Division Varanasi in appeal no. 65/49 of 1973 against the decree and judgment of Assistant Collector 1st Class Mirzapur dated 24.10.1973, passed in suit no. 888-A/634 under Section 229-B of U.P. Act No. 1 of 1951. 2. A suit was filed in the court of Judicial Officer, Mirzapur under Section 229-B of U.P. Act No. 1 of 1951 by Smt. Champa that she had perfected her right and title over the dispute plot on the basis of possession from 15 years ago. The suit was contested by the appellant on the ground that they were co-tenants of the suit plots and the plaintiff has obtained only share of the whole plot of the disputed plot. The trial court decreed the suit, against which this appeal was filed before the Additional Commissioner, that too was dismissed, hence this second appeal. 3. Heard the learned counsel for the appellant. No one is present from the side of the respondent. Perused the record. 4. The disputed plot was inside the Municipal area of Mirzapur. The Khatauni extract of 1377 to 1379 fasli shows that Smt. Ramkali is recorded over the disputed plot with her cultivatory possession of 1371 fasli. The mutation order has been passed in favour of Smt. Chameli and i.e. incorporated in Khatauni. It means that when the zamindari abolition was enforced in the municipal area of Mirzapur the record of agricultural land was prepared in which Smt. Ram kali was recorded. Smt. Champa was only recorded in the khasra 1375 fasli in the remarks columns. That entry is not in accordance with Land Records Manual. In the Khatauni of 1374 to 1376 fasli name of Smt. Champa is recorded as sirdari. How this entry came has not been explained. 5. In these circumstances of fact the decree of both the courts below are not sustainable, and they are set aside and the case is remanded to the trial court to readjudicate the suit afresh.