SUDHIR AGARWAL,J. - (1.) Heard Sri Anwar Hussain, learned counsel for the appellant, Sri Satish Chaturvedi, learned counsel for respondent no.1, Sri Syed Hasan Shaukat Abidi, learned counsel for respondents 2 and 3 and perused the record.
(2.) This is plaintiff's appeal under Section 96 of Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") arising from judgment and decree dated 18.10.2011 and 31.10.2011, respectively, passed by Sri K.P.Singh, Additional Sessions Judge, Court No.1, Moradabad, in Original Suit No.602 of 2008 whereby it has dismissed the suit.
(3.) The dispute relates to Gata No.200 total area 0.32 acre situate in Village Sonakpur, which was initially owned and possessed by Sri Zahid Hussain, Son of Haji Hamid Hussain, resident of Deptyganj, Moradabad. Out of 0.32 acres of land of Gata No.200, vide notification dated 30.01.1986, State of Uttar Pradesh acquired 0.05 acre (200 Sq.mts.) of land by initiating acquisition proceedings under Land Acquisition Act, 1894 (hereinafter referred to as "Act, 1894") and it was taken possession and handed over to Moradabad Development Authority (hereinafter referred to as "MDA"). After acquisition of land in favour of MDA, in Revenue record, Gata No.200 was divided in two different Gatas i.e. Gata No.200/1, area 0.1300 Hec. (1300 Sq.mts.) and Gata No.200/2 area 0.0200 hectare (200 Sq.mts.).;