DR JUSTICE DHANANJAYA Y CHANDRACHUD, J. - (1.) This appeal arises from a judgment dated 22 February 2018 of the High Court of Judicature at Allahabad in a first appeal[1] under Section 96 of the Code of Civil Procedure 1908 ("CPC"). On 18 October 2011, the Additional District and Sessions Judge, Moradabad dismissed a suit[2] instituted by the first respondent. The High Court allowed the appeal by the first respondent and reversed the judgment of the Trial Court, holding that the auction conducted by Moradabad Development Authority ("MDA") in respect of the land in dispute is null and void. The appellant is an auction purchaser who purchased the suit land from the MDA. MDA has been impleaded as the second respondent to these proceedings. Both the appellant and the second respondent have been restrained from interfering with the possession of the first respondent over the land. [1] First Appeal No. 411 of 2011. [2] Original Suit No. 602 of 2008. Facts
(2.) The first respondent instituted a suit in the Court of the Civil Judge (Senior Division), Moradabad claiming to be a "transferable owner and cultivator" of lands comprising of Gata No. 200/1 admeasuring 0.1300 hectares equivalent to 1295.04 sq. mts. situated in village Sonakpur, in the city and district of Moradabad. MDA was impleaded as the first defendant while the appellant was the second defendant to the suit. The averments in the plaint need to be adverted to at this stage. A person by the name of Zahid Hussain had title over vacant land admeasuring 6960.84 sq. mts in Moradabad. Ceiling case no. 437/5325 (titled State vs. Zahid Hussain) was instituted against him in the Court of the Competent Authority, Urban Land Ceiling, Moradabad in respect of his lands including the lands comprised in Gata No. 200 admeasuring 1295.04 sq. mts. By an order dated 16 March 1988, the land comprised in Gata No. 200, among other pieces of land, was declared as "surplus" by the Competent Authority under the Urban Land (Ceiling and Regulation) Act 1976 ("ULCRA"). Pursuant to the order of the Competent Authority, possession of the land in Gata No. 200 was allegedly handed over by the State of Uttar Pradesh to the MDA. Meanwhile, Zahid Hussain filed a revenue appeal[3] before the District Judge, Moradabad against the order dated 16 March 1988. By an order dated 6 January 1993, the District Judge allowed the appeal and remanded the proceedings for reconsideration to the Competent Authority on the basis of an amended Master Plan. [3] Revenue Appeal No. 23 of 1988.
(3.) It is the case of the plaintiff that Zahid Hussain was the erstwhile owner and occupier of lands comprised in Gata No. 200 admeasuring 0.32 acres. Out of the above holding, land admeasuring 0.05 acres (equivalent to 0.0200 hectares or 200 sq. mt.) was acquired by MDA on 30 January 1986 under the provisions of the Land Acquisition Act, 1894. After the acquisition, Gata No. 200 was divided into two plots: Gata No. 200/1 measuring 0.1300 hectares (1300 sq. mt.) Gata No. 200/2 measuring 0.2000 hectares (200 sq. mt.) Zahid Hussain is stated to have become the owner of Gata No. 200/1, while MDA became the owner of Gata No. 200/2. The case of the plaintiff in the suit is that after the ceiling case was remanded to the Competent Authority and during its pendency, Zahid Hussain obtained permission to sell the lands situated in Gata No. 200/1 to the first respondent from the Office of the Prescribed Authority, Urban Land Ceiling, Moradabad on 5 May 1993. The first respondent claims to have purchased Gata No. 200/1 admeasuring 1295.04 sq. mt. from Zahid Hussain by a registered sale deed dated 22 June 1993. During the pendency of the ceiling case before the Competent Authority, ULCRA was repealed by Act 15 of 1999 ("Repeal Act"). The Competent Authority (City Land Boundary), Moradabad passed an order dated 15 June 2001 dismissing Case No. 437/5325 in view of Section 4 of the Repeal Act which states that proceedings pending before any court, tribunal, or authority shall stand abated. ;