K.Kannan, J.

1. The crucial question that arises in this case is the validity of divorce by custom of parties belonging to Hisar District. This had an immediate meaning to the computation of property that stood in the name of wife, who was said to have been divorced for assessment of holdings under Haryana Ceiling on Land Holdings Act 1972 (hereinafter called the Act). If the property held by the wife were to be included in the holdings of the husband which normally would be the case, since the definition of “family” includes the property held by the spouse, the point which has been answered is whether the authorities were correct in concluding that the property held by the wife could not have been excluded in the manner sought for by the husband and by the representatives of the wife.

2. The writ petition is brought at the instance of a person claiming to be the beneficiary under a Will that was executed by Lalo Bai. The case is under the proceedings of the Act reckoning the holdings to be made in the hands of Ram Chand which was decided by the Prescribed Authority, Dabwali, under Annexure P7, dated 27.01.1986. He was said to be a small landowner and it was originally held