JUDGMENT

H.L. Dattu,J.—

S.L.P(C) No. 11281 of 2006 Leave granted.

2. This appeal has been filed against the judgment of Gujarat High Court dated 17.4.2006 in MCA No. 892 of 2006 in Letters Patent Appeal No. 832 of 2006, wherein and whereunder, the application for grant of leave to prefer Letters Patent Appeal is dismissed, firstly, on the ground that the wives of the original declarant had no right, title or interest over the land and, therefore, the Will executed by them in favour of the appellant would not give him any right in the land, secondly, on the ground of delay and latches in filing the appeal nearly after ten years from the date of the judgment and order passed in the writ petition by the learned Single Judge.

3. This case has a chequered history. Reference to all those proceedings may not be necessary for the disposal of this appeal. Suffice to notice the events and the orders passed by the authorities under Gujarat Agricultural Land Ceiling Act, 1960 and the High Court on or after the year 1986.

4. Sri Gelabhai Bhagwanbhai (hereinafter referred to as ‘Gelabhai’), resident of Village Adariyana, Taluka : Dasada, District : Surenderanagar, Gujarat, was an agriculturist and was owning large extent of agricultural lands at Adariyana Village. During his life time, he had filed an application on 27.9.1976, under Section 8 of the Gujarat Agricultural Land Ceiling Act, 1960, (hereinafter referred to as ‘the Act’) before the competent authority under the Act. The order passed under the Act was the subject matter of several rounds of litigations before various forums under the Act. During the pendency of these proceedings, the original declarant, Gelabhai expired on 17.1.1979, leaving behind his two wives. He had no sons or daughters. After the death of Gelabhai, the property vested with the wives. The two widows of Gelabhai, Smt. Samuben and Smt. Puriben expired on 18.6.1991 and 7.7.2000 respectively, but during their life time, they had executed General Power of Attorney in favour of Parmabhai Bhagwanbhai, resident of Village: Adariyana, Taluka: Dasada, District: Surendranagar, Gujarat. Both the widows before their demise had also executed a Will in favour of their nephew, Sri Sindhav Bhavanbhai Laxmanbhai, who is the appellant in this appeal.

5. Pursuant to the order passed by the Revenue Tribunal dated 21.1.1986 in Revision Application TEN/BA No. 1254 of 1984, the Mamlatdar and Agricultural Land Tribunals, Patdi, by his order dated 1st day of August, 1986, declared that the legal heirs of the original declarant are entitled to hold 54.00 Acres of unirrigated lands out of the total extent of 89.04 Acres and the excess lands of nearly 35.04 Acres is to be treated surplus land and requires to be surrendered to the State Government from the date of the order free from all encumbrances, however, subject to provisions of Section 21(2) and Section 19 and Chapter 8 of Land Ceiling Act. The Mamlatdar also recognized that the heirs of the original declarant were entitled to hold the highest ceiling of one unit of land.

6. Dissatisfied with the order passed by the Mamlatdar dated 1.8.1996, the appellant had filed Ceiling Appeal No. 1/90-91 before the Deputy Collector, Dhangdhra Sub-Division, Dhangdhra. The Deputy Collector rejected the Ceiling Appeal vide order dated 30.3.1991, holding that the order of the Mamlatdar declaring land measuring 35 Acres 04 Gunthas to be surplus, was in consonance with the provisions of the Act.

7. Being aggrieved by the said order dated 30.3.1991, the legal heirs of the original applicant had filed Revision Application No. TEN.BA/404/91 before the Gujarat Revenue Tribunal as provided under Section 38 of the Gujarat Agricultural Lands Ceiling Act, 1961. The Tribunal vide its order dated 14.6.1993, partly allowed the revision application by holding that “except transfer in respect of Sy. No. 276 (A.5 Gs. 28-3/4), the rest of the transfers are to be ignored in accordance with Sections 7 and 8 of the A