Judgment

V. RAMASWAMI, J.

(1) HE facts as found by the courts below are as follows. Jeet Singh the appellant in the Civil Appeal No. 3732 of 1982 had two wives. The first wife is the appellant in the Civil Appeal No. 3733 of 1982. She filed some time in 1966 a criminal complaint against her husband under S. 494 and 109 of the Indian Penal Code. During the pendency of the criminal proceedings they entered into a compromise before a Nyaya Panchayat constituted under the U.P. Panchayat Raj Act, 1947 and the same was recorded by the Adalat Nyaya Panchayat Angadpur Mukam, Meerut District and that consent order dated 14/11/1966 recorded by the Nyaya Panchayat reads as follows:

"TODAY dated 14/11/1966, A.D. Nyaya Panchayat held meeting under the chairmanship of Shri Bhanwar Singh Sarpanch. Shri Hem Raj, son of Ram Sharma Brahman, resident of Village Barawad, Jeet Singh, son of Hem Raj and Smt Ramo Devi wife of Jeet Singh Brahman, resident of Village Barawad party one and Smt Mayawati daughter of Nam Chand, resident of Village Chhaprauli second party with some of their relations are also present. Before the panch both parties stated that Smt Mayawati Devi hhad filed a case under Sec- tion 494/109, Indian Penal Code, against Hem Raj and others and con- tinuance of criminal case shall ruin the family. Relatives of both parties have come and wish to resolve the dispute by mutual settlement. They want to enter into settlement and get it verified. 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."

THE settlement is like this:

"SMT Mayawati, who has filed a criminal case before a Magistrate at Meerut, shall get it dismissed. Hem Raj out of his property shall execute a sale deed in favour of Smt Mayawati Devi of two Bhumid- hari plots khasra numbers 157, 17 biswa and 159, 6 biswa 14 biswansis for her maintenance. Smt 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. Smt Maya Devi shall not be recognised as wife of Jeet Singh and she will not acquire any right in Jeet Singhs property. Relationship of husband and wife between Jeet Singh and Maya Devi shall be deemed to be finished. 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 Pan- chayat."

(2) IN pursuance of this consent order Hem Raj, the father of Jeet Singh executed a sale deed on 22/11/1966 in favour of Mayawati conveying two bhumidhari plots bearing khasra numbers 157 measuring 17 biswa and 159 measuring 6 biswa 14 biswansis.

(3) 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 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 could not be included in the holding of Jeet Singh. The prescribed authority under the Ceiling Act rejected these contentions. Both Jeet Singh and Mayawati filed separate appeals before the Distt. Judge, Meerut who by his order dated 22/03/1979 dismissed the same in the view that the consent order made by the Nyaya Panchayat will not make Mayawati a judicially separated wife. Two separate writ petitions were filed by the two appellants in these appeals and the High court by order dated 20/08/1980 dismissed the writ petitions in the view that since the Nyaya Pancha