S.S. Chauhan, J. - (1.) This review petition has been filed challenging the judgment and order dated 22.2.2012 under Section 114 of CPC.
(2.) A second appeal was filed before this Court challenging the judgment and order passed by the lower appellate court dated 4.2.2012. At the admission stage, second appeal was dismissed by recording a finding to the effect that survey commissioner's report was not prepared in accordance with law nor the measurement was taken from the fixed points and the road after acquisition had taken a different shape on the basis of lay out plan and hence this Court agreed by the finding recorded by the lower appellate court.
(3.) This Court also found that notice has not been issued as contemplated under Section 88 of the U.P. Awas Evam Vikas Parishad Act (for short "the Act") and hence the notice was not correct notice in the eye of law. It was also held that it was the duty of the plaintiff to prove her case in accordance with law and in case the survey commissioner's report was not correct, then the lower appellate court has committed no illegality in dismissing the appeal.;