S.J. Mukhopadhaya, C.J.

In both the cases, as similar issue is involved, they were heard together and are being disposed of by this common judgment.

2. The brief facts of the cases are as follows:

According to Appellant of Letters Patent Appeal No. 1522 of 2010, the 1st Appellant is an agriculturist, holds agricultural land bearing Block No. 1900 admeasuring 3642 sqm. and Block No. 1958 admeasuring 1040 sqm. of village Degam, Taluka Chikhali, District Navsari. One Manilal Hirabhai Patel executed a will on 16.10.2003 in respect of land admeasuring 6372 sqm. of Block No. 1985 of village Degam, Taluka Chikhali, District Navsari, registered in the office of Sub-Registrar, Chikhali, at Sr. No. 910 of Book No. 3. Said Manilal Hirabhai Patel died on 10.11.2004. Appellants Nos. 2 to 5 are the sons of said deceased Manilal Hirabhai Patel. 1st Appellant being the legatee for the land bearing Block No. 1985, made an application on 21.04.2005 u/s 135(3) of the Bombay Land Revenue Code, 1879 (hereinafter referred to as 'the Code' for short) to the village Talati, Degam, to enter his name in the revenue record on the basis of the registered will. It was entered in the revenue record by Muta