Section 10(1) in The U.P. Bhoodan Yagna Rules, 1953
(1)In making the summary inquiry provided for under Section 11, the Tahsildar shall ascertain whether,-(a)the donor filing the declaration has prima facie a right, title or interest in the land specified in the declaration;(b)the donor is legally competent to make the donation; and(c)the land is vacant:Provided that in those cases where the land donated is subject to a subordinate tenure or in the occupation of any other person, it shall be deemed to be vacant, if the subordinate tenure-holder or the person in occupation agrees in writing to the donation of this land and is prepared to vacate it in favour of the grantee or the Committee.
