The main legal point established in the judgment is that for a land to be considered 'assigned on registry' under S.84(1A) of the Act, the execution of the assignment deed by the competent authority is essential.

In TLB 1807/73, the Taluk Land Board, Taliparamba determined the extent of land belonging to now deceased Narayanan Nair and directed him to surrender excess land of 33,67 acres. This order was passed on 24-4-1976 and later on modified on 5-7-1976. Kerala Act 27 of 1979 validating certain gifts came into force on 7-7-1979. The Taluk Land Board had passed the orders aforesaid ignoring certain gift deeds executed by Narayanan Nair, as they were challenged under Section 84 of the Kerala Act 1 of 1964 as amended by Act 35 of 1969 (for short the 'Act'). After the Kerala Act 27 of 1979 came into force, the declarant filed a petition under S.85 (10) of the Act for restoring possession of the lands on the basis of the validation of the impugned gift deeds. The Taluk Land Board went into the question, accepted the gifts validated by the Amending Act 27 of 1979 and determined the excess land belonging to the declarant as 3.81.250 acres. Accordingly, the Tahsildar, Taliparamba was directed to restore possession of 29.85.750 acres to the declarant. All attempts made by the declarant and after his death by his eldest son on behalf of all his heirs to get back possession of the property having proved unsuccessful, the eldest son filed O.P. No. 3704 of 1980 for the issuance of a writ of mandamus by this Court to compel the revenue officials concerned to restore possession of 29.85.750 acres. Meanwhile, the State has filed C.R.P. No. 2770 of 1980 challenging the order passed by the Taluk Land Board under S.85 (10) of the Act and contending that the original order of the Taluk Land Board directing surrender of 33.67 acres is not liable to be altered on account of the gift deeds. The two matters being connected with each other, have been heard and are being disposed of together.

2. It is conceded on all hands that the gift deeds on which the Land Board acted in passing the order under S.85 (10) of the Act fall within the purview of the main provision in S.84 (1A) of the Act. The only contention urged by the learned Government Pleader is that the land in question though covered by the gift deeds, which will attract the provisions contained in S.84 (1A), will fall within the purview of proviso (b) to S.84 (1A) and as such the exemption contemplated under S.84 (1A) is not available to these lands. The learned counsel for the revision petitioner repudiated this contention and argued that the proviso is not attracted in the instant case. The Land Board had gone into this question and come to the conclusion that the proviso is not attracted. There is no dispute that if the proviso (b) to S.84 (1A) is not attracted the order passed by the Land Board directing restoration of possession is correct.

3. Proviso (b) to S.84 (1A) of the Act states that S.84 (1A) will not apply in respect of any land "which has been assigned on registry" under S.96 before the commencement of the Amending Act 27 of 1979, viz., 7-7-1979. The dispute in this case is whether the lands covered by the gift deeds are lands "which have been assigned on registry" before 7-7-1979.

4. Section 96 of the Act states that the Land Board shall assign on registry subject to such conditions and restrictions as may be prescribed, the lands vested in the Government under S.86 or S.87. The section also indicates the conditions which the applicants for assignment of excess land have to fulfil. Chapter IV of the Kerala Land Reforms (Ceiling) Rules lays down the manner in which assignment directed by S.96 of the Act is to be made. We are concerned with only Rr.27 to 33 for the purpose of the cases on hand.

5. Rule 27 requires, the Land Board to invite applications before a specified date for assignment on registry of portions of land from interested persons. The matter also has to be notified as indicated in the rule. Rule 28 prescribes the form of the application for assignment. Rule 29 prescribes the conditions and restrictions regarding the assignment. Rule 30 states that after the expiry of