KUNWAR SUKHENDRA PAL SINGH AND ANOTHER Vs. DISTRICT JUDGE, ETAH AND OTHERS
HIGH COURT OF ALLAHABAD
Kunwar Sukhendra Pal Singh And Another
District Judge, Etah And Others
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M.P.Mehrotra, J. -
(1.)This petition arises out of the proceedings under the U. P. Imposition of Ceiling on Land Holdings Act 1960.
(2.)The facts, in brief, are these. The petitioner No. 1 was issued the notice under Sec. 10 (2) of the Act and he filed objections. They were . decided by the Prescribed Authority by his order dated 31-3-1979. Thereafter, an appeal was filed by the petitioner No. 2 and the same was dismissed by the appellate court by its judgment dated 26-7-1979. Now the petitioners have come up in the instant writ petition and in support thereof, I heard Sri N. S. Chaudhary. learned counsel for the petitioners.
(3.)It may be stated that the petitioner No. 2 has been described as the separated wife of the petitioner No. 1. Learned counsel for the petitioners contended that the finding in the earlier ceiling proceedings should be held to be res judicata in the subsequent ceiling proceedings from which this petition has arisen. It should be seen that this contention cannot be accepted because the law was different when the earlier ceiling proceedings were held. The expression judicially separated wife was introduced by the U. P. Act No. 18 of 1973. Formerly, the expression was simply wife. In view of this change, in my opinion the authorities below have rightly held that no proof was led by the petitioners to show that the petitioner No. 2 was a judicially separated wife.
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