1. A common question of some importance is raised is these cases This question is one which frequently arises in revision petitions under S.103 of the Kerala Land Reforms Act, 1963 (hereinafter referred to as the Act) and therefore it has been referred to a Division Bench by one of us sitting single. It has been contended by some of the parties to these petitions that the Taluk Land Board which has the duty of determining the land to be surrendered as excess land under S.85 (5) of the Kerala Land Reforms Act, 1963 is obliged to accept the plea that land is held by a tenant who is entitled to purchase the land and as such, such land is liable to be excluded from the scope of ceiling and surrender provisions whenever such a plea is raised. It is their case that it is not open to the Land Board or the Taluk Land Board to assess the sustainability of this plea and consequently there is no discretion in these authorities to reject the plea for exclusion of such lands.

2. Chapter III of the Act concerns the scheme relating to ceiling limit of land and the surrender of excess land envisaged by the Act. S.81 of the Act provides for exempting certain lands from the provisions of