In proceedings relating to the land held by the declarant Mathew Mathai, the petitioner in C.R.P. No.1206 of 1979 and the second respondent in C. R.P. 1965 of 1979, the Taluk Land Board originally determined the excess land belonging to him and directed him to surrender 8.32 acres of land as excess land. The declarant challenged the order before this Court in C.R.P. No.76 of 1976, but the revision was dismissed on 4-10-1976. Thereafter Avira Ithapiri, the claimant, who is the second respondent in C.R.P. 1965 of 1979 moved an application under S.85(8) of Act 1 of 1964 contending that he is a tenant under the declarant in regard to 3.80 acres of land. The Taluk Land Board went into the claim and rejected his claim on 18-5-1977. This order was set aside in C.R.P. 1488 of 1977. This Court remanded the proceedings for fresh disposal. Thereafter the Land Board again went into the claim and upheld tenancy pleaded by him by a majority of 4:1, the Chairman alone dissenting. This order accepting the tenancy set up by the claimant is challenged by the State in C.R.P. 1965 of 1979. The declarant has filed C.R.P. 1206 of 1979 contending that when once the earlier order under S.85 (5) o