JUDGMENT

Paripoornan, J.-This appeal by special leave is filed against the judgment of a Division Bench of the Kerala High Court, rendered in C.R.P. No. 1894 of 1988 dated 18.7.1994. The appellants are the legal representatives of T. Mammad, the declarant under the Kerala Land Reforms Act, 1963 (hereinafter referred to as the Act ). The declarant had three wives and ten children by the said three wives. He filed a declaration regarding the land held and possessed by him before the Taluk Land Board, Taliparamba (hereinafter referred to as the Board ). In his statement, he had opted his wife Pathu (first wife) and her minor children as his "statutory family" by exercising the option specified in explanation I to Section 82 of the Act. The Board, by order dated 28.8.1996 directed the declarant to surrender 160.54 acres of land held by him in excess of the ceiling area. In revision, C.R.P. No. 2131 of 1986 the High Court set aside the order of the Board and ordered a remit. Thereafter the Board by order dated 28.6.1988 passed a fresh order determining 97.16 acres as surplus land of the declarant. The Board also noticed that the declarant had already surrendered 43.20 acres as surplu