H.N. Seth, J.

1. (FOR self and FOR V. K. Mehrotra, J.) :-By his order dt. 29-3-1978, a learned single Judge of this Court referred following questions of law FOR opinion to a larger Bench 1.When a tenure-holder dies after 8th June 1973 and beFORe the publication of notice under Section 9 of the U. P. Imposition of Ceiling on Land Holdings Act what should be the date FOR determining the surplus area of a tenure-holder FOR the purposes of determining the surplus area in view of Rule 19 of the Act ? 2.Whether Rule 19 read with its sub-clauses 2-4 are within the powers of rule making authority or they are against the provisions of Sections 9 and 10 of the Act which speak about the tenure-holder i. e. the real and living tenure-holder on the date when the notice is to be issued ? 3.Can determination of surplus area of a tenure-holder who is dead on the date of notification under Section 9 of the U. P. Imposition of Ceiling on Land Holdings Act be made ignoring the right of the heirs of the deceased tenure-holder on that date ? 4.If the notice under Section 9 has been issued when the tenure-holder was no more in this world can notice under Section 10 (2) of the U. P. Imposition of