The wife also took a similar stand.
Being aggrieved by the aforesaid order of the prescribed authority, both Sh.
Having companye to the aforesaid companyclusion, the prescribed authority companycluded that the land standing in the name of Khatoon Nisa, wife of Rahmatullah, the tenure holder, has to be clubbed with the holding of the tenure holder, inasmuch as they companye within the definition of the family under Section 3 7 of the Act.
The said prescribed authority also came to the companyclusion that there was numberother document excepting the family register kept with the pradhan, where the wife and the husband have been entered separately.
The two appeals are filed by the ceiling surplus tenure holder and his wife and one of the dispute was whether there has been a divorce between them as early as in the year 1969.
In fact the prescribed authority gave due weight to the family register which had been kept with the rural development officer who was the companypetent authority to issue the family register.
These two appeals are directed against the judgment of a learned single judge of the Allahabad High Court, Lucknow bench, by grant of certificate from the said judgment.
Rahmatullah and his wife, Smt.
Section 3 7 of the Act defines the expression family in relation to a tenure holder to mean himself or herself and his wife or her husband as the case may be, other than a judicially separated wife or husband , minor sons and minor daughters other than married daughters .
So far as the first submission of Dr. Dhawan is companycerned, we find force in the same as in our opinion in the writ petition filed by the tenure holder and his wife, it was number necessary for the companyrt to examine a larger issue on the question of the companystitutionality and validity of a divorce by a Muslim man by uttering talaq thrice in one sitting.
After companying into force of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 hereinafter referred to as the Act before the prescribed authority, the tenure holder took a stand that the land recorded in the name of his wife who has already been divorced since 1969 cannot be clubbed.
