Sibghat Ullah Khan, J.

1. Heard Shri Q.M. Haq, learned Counsel for the petitioner and learned standing Counsel for the respondents. The question involved in this writ petition is that if some one plants some saplings over Gaon Sabha land, and the same grow into tress, that person becomes owner of the trees or not?

2. Petitioner was found in illegal possession of Gaon Sabha land hence proceedings for his eviction under sections 122B and 115C of U.P. Zamindari Abolition and Land Reforms Act, were initiated in the form of case No. 9/31/75/136/288, Gaon Sabha v. Ram Pehr Singh. Tehsildar Balrampur, District Gonda passed the order of eviction on 30.3.1993 and imposed the damages of ` 18,500/-. Against the said order petitioner filed Revision No. 19/55. A.D.M./Additional Collector, Gonda, dismissed the revision on 20.6.1994 hence this writ petition.

3. Matter relates to plot Nos. 536 and 534 total area 1.05 acre. It was also stated that the petitioner had cut four Shisham trees. Petitioner pleaded that he was in possession since the time of his ancestors and further contended that trees had been planted by his ancestors.

4. Even though before the Courts below petitioner claimed posse