JUDGMENT

Kaushal Kishore, Member - In this reference dated 9.9.74, the learned Addl. Commissioner, Gorakhpur, has recommended that the revision petition may be allowed and the order of the learned trial court dated 24.4.73 so far as it regularises the proceedings between 14.6.72 and 24.4.73 may be set aside.

2. I have heard the learned counsel for both the parties and have also perused the record.

3. During the hearing, an application for substitution of heirs of Bhagwati deceased was filed which being in order is hereby allowed.

4. During the hearing of the case u/s 229-B of the U.P.Z.A. & L.R. Act before the trial court minor dependant nos. 7 and 8 om Prakash and Raju respectively were represented by their mother and natural guardian Smt. Ram Rati who died on 10.6.72 and an application for appointment of another guardian was filed on 13.3.73 and 24.4.73, Amar Nath real elder brother of the two minors was appointed guardian and the trial court also regularised the continuation of the proceedings after 10.6.72 in the absence of any guardian for the two minors, considering it as irregularity. This revision by Ramji Mishra who is the vendee from the defendant number 1, 2 and 3 has bee