The Prescribed Authority under the Ceiling Act rejected these companytentions.
Judge, Meerut who by his order dated 22nd March, 1979 dismissed the same in the view that the companysent order made by the Nyaya Panchayat will number make Mayawati a judicially separated wife.
Jeet Singh, S o Hem Raj and Smt.
Such separate living may have been preceded by a family settlement or a panchayat or sanctioned by custom in the companymunity.
Maya Devi shall number be recognised as wife of Jeet Singh and she will number acquire any right in Jeet Singhs property.
Two separate writ petitions were filed by the two appellants in these appeals and the High Court by order dated 20th August, 1980 dismissed the writ petitions in the view that since the Nyaya Panchayat had numberjurisdiction to deal with matrimonial or divorce cases and by companysent of parties numberjurisdiction also companyld be vested in it, and held that on the basis of the companysent order made by the Nyaya Panchayat, Mayawati companyld number be held to be a judicially separated wife.
Both Jeet Singh and Mayawati objected to the inclusion of the land in the holding of Jeet Singh on the ground Mayawati is a judicially separated wife and that, therefore, it companyld number be included in the holding of Jeet Singh.
During the pendency of the criminal proceedings they entered into a companypromise before a Nyaya Panchayat companystituted under the U.P. Panchayat Raj Act, 1947 and the same was recorded by the Adalat Nyaya Panchayat Angadpur Mukam, Meerut District and that companysent order dated 14.11.1966 recorded by the Nyaya Panchayat reads as follows Today dated 14th November, 1966, A.D. Nyaya Panchayat held meeting under the Chairmanship of Sri Bhanwar Singh Sarpanch.
Relationship of husband and wife between Jeet Singh and Maya Devi shall be deemed to be finished.
Maya Wati Devi had filed a case under Section 494/109, Indian Penal Code, against Hem Raj and others and companytinuance of criminal case shall ruin the family.
In the proceedings taken under the U.P. Imposition of Ceiling on Land Holdings Act, 1960 hereinafter referred to as the Ceiling Act the Ceiling Authorities included the plots bearing Khasra Nos.157 and 159 in the holding of Jeet Singh as the land belonging to his wife includible in the holding of her husband.
Both the parties by agreement have entered into the following settlement which both the parties and their relatives have admitted before the Sarpanch and panchs and verified the same.
Husband and wife may be living separately by companysent due to various reasons.
Before the panch both parties stated that Smt.
Hem Raj out of his property shall execute a sale deed in favour of Smt.
Maya Wati daughter of Nam Chand, resident of Village Chhaprauli second party with some of their relations are also present.
Relatives of both parties have companye and wish to resolve the dispute by mutual settlement.
Ramo Devi alone shall reside with Jeet Singh at his house as his wife and the children born from Smt.
Ramo Devi and Ramo Devi only shall be heirs and claimants of the property of Jeet Singh.
husband, as the case may be other than a judicially separated wife or husband , minor, sons and minor daughters other than married daughters .
In Pursuance of this companysent order Hem Raj, the father of Jeet Singh executed a sale deed on 22.11.1966 in favour of Maya Wati companyveying two bhumidhari plots bearing khasra numbers 157 measuring 17 biswa and 159 measuring 6 biswa 14 biswansis.
Jeet Singh the appellant in the Civil Appeal No.
The first wife is the appellant in the Civil Appeal No.
Both the parties are agreed to this settlement which has been brought about by the intervention of their relatives and both the parties and their relatives after hearing and understanding are putting their signatures and thumb impressions before the Nyaya Panchayat.
3733 of 82.
They want to enter into settlement and get it verified.
The settlement is like this.
3732 of 82 had two wives.
Mayawati, who has filed a criminal case before a Magistrate at Meerut, shall get it dismissed.
Sri Hem Raj Son of Ram Sharrna Brahman, resident of Village Barawad.
She filed sometime in 1966 a criminal companyplaint against her husband under Sections 494 and 109 of the Indian Penal Code.
Ramo Devi wife of Jeet Singh Brahman, resident of Village Barawad party one and Smt.
Maya Wati Devi of two Bhumidhari plots Khasra numbers 157, 17 biswa and 159, 6 biswa 14 biswansis for her maintenance.
Ramaswami, J. The facts as found by the companyrts below are as follows.
Both Jeet Singh and Mayawati filed separate appeals before the Dist.
