Rajiv Sharma, J. - (1.) As both the writ petitions are directed against the judgment and order dated 24.11.1987 passed by the Revisional Authority, they are taken -up together for common orders.
(2.) In nutshell, the case of the Petitioners is that the opposite party No. 5 which is a private limited company carries banking business under the licence and authority granted by the Reserve Bank of India. It also decides the matters dealing with sugar and doing coil business. The opposite party No. 3 filed a Regular Suit No. 51 of 1980 against the opposite party No. 5 and the said Suit was decreed for realization of money vide judgment and decree dated 8.9.1981. Being aggrieved, the opposite party No. 5 filed an appeal challenging the quantum of interest and the Appellate Court reduced the quantum of interest which became final.
(3.) Thereafter, opposite party No. 3 after obtaining non -encumbrance certificate applied for execution by attachment and sale of plot No. 1957 having an area of 3 bigha 14 biswas situate in village Chhatauni which was purchased by the opposite party No. 5 from its previous tenure holders -bhumidhar Bal Krishna and others and the same was mutated in their names by the order dated 16.7.1971. Whole plot No. 1857 is agricultural land and there were also trees over the said plot, which is situated within the agricultural area of the said village. According to the provisions of Sec. 14(3) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, "land" (except in Ss. 109, 143 and 144 and Chapter VII) means land held or occupied for purposes connected with agriculture, horticulture or animal husbandry which includes agriculture and poultry farming. Subsequently, the property of plot No. 1957 was attached in the month of March, 1982. Thereafter, it was put to auction and in the said auction, the Petitioner was declared as highest bidder. Therefore, he deposited 1/4th of the consideration at the place of auction and thereafter, deposited 3/4th within the next fifteen days.;