JUDGMENT :

Salil Kumar Rai, J.

Heard Shri Swapnil Kumar, counsel for the petitioner and Shri Nipun Singh, counsel for the defendant-respondent.

2. The present petition under Article 227 has been filed challenging the order dated 13.1.2022 passed by the Additional District and Session Judge, Court No. 26, Agra.

3. The facts of the case are that the predecessor of the petitioner instituted Original Suit No. 598 of 1986 for a permanent prohibitory injunction restraining the defendant-respondent i.e., U.P Avas Evam Vikas Parishad from interfering in his possession over Plot No. 798 which the respondent pleaded, was acquired by the defendant-respondent through a notifications published under Section 28/32 of the U.P Avas Evam Vikas Parishad, Adhiniyam 1965 (hereinafter referred to as Act, 1965). The plaintiff denied that Plot No. 798 was acquired by the defendant-respondent. During the trial of Original Suit No. 598 of 1986, the defendant-respondent filed the award of the Special Land Acquisition Officer regarding the acquired plot and also a demand raised by the plaintiff seeking compensation of Plot No. 798 at the rate of Rs. 150/- per square yard. An allotment letter allotting the said p