- (1.) Heard learned counsel for the appellant and learned counsel forth respondent and perused the record. This second appeal has been preferred by defendant appellant U.P. State Industrial Development Corporation Ltd. (hereinafter referred to as the UPSIDC against Salek Chand (deceased) and others.. plaintiff respondent under Section 100 C.P.C. against the judgment and order dated 20.5.2011 passed by the Additional District Judge, Court No. 4 Ghaziabad in Civil Appeal No. 124 of 1990, UPSIDC v. Salek Chand and others, whereby the Court below rejected the delay condonation application paper No. C-35 and held that Civil Appeal No. 124/90 stood abated.
(2.) Original Suit No. 1273/88 was instituted by the plaintiff respondent Salek Chand against the defendant appellant for a Relief of permanent prohibitory injunction. Case of the plaintiff is that he is owner in possession of the Khata Khtauni No. 161, Khasra 1603 area 1 Bigha 2 biswas pakka situate in village Rajapur pergana Dasna, Tehsil and district Ghaziabad. He had purchased the said land on 25.8.1959. Defendant appellant had no right, title and interest therein. Neither the said land was ever acquired nor any award was made. The plaintiff did not get any compensation therefore.
(3.) Defendant appellant filed W.S. and pleaded that plaintiff is not owner in possession of the said property vide Notification No. 4032 (III)E-P/XVIII-R- 271-H/62 dated 1.11.1962 published in the extraordinary Gazette of State of U.P. the said land has been acquired and since then the plaintiff ceased to have any right, title and interest and the formal possession of the land in suit has been taken by the defendant appellant. Since 26.3.1963 defendant is in possession over the land in suit and it is wrong to say that the said property has not been acquired.;