Hon’ble S.U. Khan, J.—Heard learned counsel for the petitioner and learned standing counsel for the respondents. The dispute relates to plot No. 104 area 0.16 acre and plot No. 910 area 0.10 acre (total area 0.26 acre = 1260 sq. yard). Initially these plots were entered as banjar and navin parti. Petitioner claims that he was having his house over the plots in dispute since long. Accordingly on the basis of favourable reports given by Lekhpal on 12.7.1992 and Supervisor Kanoongo on 3.8.1992, Sub Divisional Officer passed an order on 3.8.1992 in favour of the petitioner under Section 123 (1) of U.P.Zamindari Abolition and Land Reforms Act as it stood at the relevant date which is quoted below:

123. Certain house sites to be settled with existing owner thereof.—(1) Without prejudice to the provisions of Section 9, where any person referred to in Sub-section (3) of Section 122-C has built a house on any land referred to in Sub-section (2) of that Section, not being land reserved for any public purpose, and such house exists on the [30th day of June, 1985], the site of such house shall be held by the owner of the house on terms and conditions as may be prescribed.]

2. The favoura