Judgment

KHANNA, J.:- Whether the decree for the possession of the land in dispute awarded in favour of Laxman Purshottam Pimputkar respondent No. 1 (hereinafter described as the respondent) has become inexecutable after the coming into force of the Gujarat Patel Watans Abolition Act, 1961 (Gujarat Act 48 of 1961) (hereinafter referred to as the Act) is the short question which arises for determination in this appeal brought by special leave against the judgment of the Gujarat High Court.

2. The appellants and the respondent belong to one family. The respondent represents the seniormost branch of the family. The family was granted Patilki Watan in a number of villages, including Soleumbha, in district Thana. The watan land situated in Soleumbha is the subject matter of the present dispute. Under the Bombay Hereditary Offices Act, 1874 the person who actually performs the duty of a hereditary office for the time being is called an officiator. Purshottam, father of the respondent, was the officiator till 1921 when, because of a disqualification incurred by him, a deputy was appointed in place of Purshottam. After the death of Purshottam in 1940, the respondent became the officiator. Th