ORDER

The Taluk Land Board constituted under the Kerala Land Reforms Act (for short, the Act ) is in appeal against the common order made by a learned single Judge of the High Court of Kerala at Ernakulam, in C.R.P.Nos. 1669 of 2453 of 1993, on November 18, 1996. By the impugned order, the High Court accepted the sale deeds executed by the sisters of the declarant-Cyriac Thomas (the first respondent) resulting in leaving no excess land to be surrendered by him.

2. The point that arises for consideration is whether the sisters of the declarant had title to the land or it, in fact, belonged to the declarant and thereafter, the sales ought to be ignored and the land added to his holding.

3. One Mr. Elanjikkal Cyriac died sometime before 1958. He was survived by his three sons, including the declarant, and four daughters. He left some agricultural land. As long back as in 1978, the appellant held that the declarant had no excess land to surrender. However, in 1980, the case was reopened and after taking into consideration the objections filed by him, the appellant held that the first respondent had 9.87 acres of land in excess of the ceiling limit as on January 1, 1970. On December 5, 1