A Will executed after the testator's death cannot confer rights to property already declared surplus under the Ceiling Act.

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Heard learned counsel for the parties and perused the record.

2. The present Letters Patent Appeal has been filed along with an application seeking leave to appeal by the person claiming to have acquired right, title or interest in the lands in question on the basis of a Will dated 15.09.1995 of one of the original petitioners No.3/1/3, namely Puriben Gelabhai, who was one of the three wives of Gelabhai Bhagwanbhai, the original tenant whose lands had been declared surplus under the Gujarat Agricultural Land Ceiling Act, 1960 (in short as “the Ceiling Act’ 1960”). The Will executed in favour of the appellants, admittedly, had seen the light of the day after 07.07.2000, the date of death of the testator Smt. Puriben Gelabhai. The Revenue Entry No.2929 dated 01.05.2002 was entered in the Revenue records, which were initially recorded in the name of three persons, namely Samuben Gelabhai, Puriben Gelabhai and Gangaben Gelabhai as wives of Gelabhai Bhagwanbhai. From the Revenue entry at Page No.”82” of the paper book in the name of the petitioner, it is difficult to accept as to how the appellant’s name was mutated in the Revenue records over the entire plot when the testator was having only 1/3rd share in the property.

3. We may further record that the dispute, in the instant petition, is with respect to Survey Nos.14 and 639, which were recorded in the name of the aforesaid three persons by Revenue Entry No.1458 dated 22.3.1979, after death of the original tenure holders namely Gelabhai Bhagwanbhai.

4. Be that as it may, the lands in question were subjected to ceiling proceedings and from the averments made in the writ petition, it is evident that Land Ceiling Case No.402 of 1976-77 was registered and inquiry was initiated during the life time of the original tenure holder, namely Gelabhai Bhagwanbhai. After his death, the names of three petitioners in the writ petition, namely Parmabhai Bhagwanbhai, Smt. Samuben Gelabhai and Smt. Puriben Gelabhai as also one Gangaben Gelabhai were substituted as heirs and legal representatives of the original tenure holders. The petitioners No. 2 to 5, impleaded before the writ Court, were the transferees of the lands which were transferred by the deceased tenure holder over his life time and these lands were also involved in the proceedings under Section 20(2) of the Ceiling Act’ 1960.

5. It seems that the matter was remanded more than once and ultimately Mamlatdar and ALT, Patdi by order dated 01.08.1986 passed in Ceiling Case No.402/76-77 declared 35 Acres and 04 Gunthas of land as surplus under Section 21 of the Ceiling Act’ 1960. The appeal was preferred by the successors of the original tenure holder namely, Puriben Gelabhai, the testator through whom the appellant is claiming his right. The Ceiling Appeal No.2/86-87 filed before the Deputy Collector, Dhrangdhra was also dismissed by order dated 10.11.1986 in revision. The matter was remitted to the Deputy Collector with the direction to join all persons who were parties before the Mamlatdar and issue notice to hear them. After hearing, vide order dated 30.03.1991, the appeal filed by the original petitioners was dismissed, which has resulted in a challenge in revision brought before the Gujarat Revenue Tribunal (in short as “the GRT”) in Revision Application No.TEN.B.A.404/91. The GRT has also dismissed the revision vide order dated 14.06.1993.

6. All these orders were subject matter of challenge in t