A.M. Shaffique, J.

1. This revision is filed by the State of Kerala challenging the order dated 30/06/2009 of the Taluk Land Board (for short TLB') exempting an extent of 1 acre 02.750 cents of land under Section 7E of the Kerala Land Reforms Act and directing surrender of 49.250 cents. Short facts involved in the above revision disclose as under:

The TLB initiated proceedings under the Kerala Land Reforms Act, 1963 (hereinafter referred to as the Act) against Sri. Innocent, the 4th respondent herein, for determining the ceiling area in respect of the land held by him. The TLB by order dated 02/05/1978 directed him to surrender an extent of 1.52 acres. When attempts were made to take possession of the premises, it was found that the property was in the possession of Smt. Mary Gosmi, mother of the 4th respondent, pursuant to which the TLB issued a fresh notice to the declarant. As there was no response from him, the earlier order was confirmed on 29/12/1980. Thereafter, one Joseph staked a claim in respect of the above property on 26/02/1981. It was noticed that a gift deed had been executed by the declarant in favour of his mother Smt. Mary Gosmi and she had conveyed/assigned