1. This revision arises from a proceeding initiated by the petitioner under s85(8) of the K.L.R. Act.

2. From the facts available on record it is clear that the petitioner purchased the property in dispute in the year 1979, from the fourth respondent whose ceiling case, in the meantime was disposed of, directing him to surrender certain lands which according to the Taluk Land Board are lands held by him in excess of the ceiling area.

3. The procedure for determining the excess land of a person, is prescribed under S.83. Sub-section 8 of S.85 is relevant here.

4. To invoke the provisions of this sub-section one should prove that the conditions stipulated therein do exist because they are, what is called, conditions precedent. The conditions ate:

(i) The Taluk Land Board must have determined the extent of the land to be surrendered by a person who owned or held land in excess of the ceiling area, on the date notified under S.83 namely 1-1-1970.

(ii) The said determination should have been made without hearing any person interested.

(iii) Such person can, within sixty days from the date of such determination, apply to the Taluk Land Board to set aside the order.

5. Taluk Land Boa