K.T. Sankaran, J.

The questions involved in this Revision are:

(1) Whether a member of the statutory family as defined in Section 2(14) of the Kerala Land Reforms Act could maintain an application under Section 85(8) of the said Act?

(2) Whether a claimant under Section 85(8) could base his claim on an oral gift which was followed by a registered deed?

(3) Was the Taluk Land Board justified in rejecting the claim petition under Section 85(8) on the ground that the declarant did not raise the contention as is raised by the claimant on the basis of the gift deed?

2. Ceiling proceedings were initiated in S.M.No. 1407/1978 , Taluk Land Board, Palakkad against the declarant, namely, Balakrishnan. The statutory family of the declarant consisted on his wife and four children. The Taluk Land Board passed final order holding that the declarant is liable to surrender excess land . The matter did not become final as the declarant filed revisions after revisions against successive orders passed by the Taluk Land Board. Four Civil Revision Petitions were filed by the declarant , the last of which was disposed of on 04.08.1999 in C.R.P.No.1551 of 1999. The matter was thus concluded by holding that the declarant is liable to surrender an extent of 4.26 acres.

3. On 10.08.1999, the revision petitioner, who is the son of the declarant and who is also included as a member of the statutory family of the declarant, filed an application under section 85(8) of the Kerala Land Reforms Act claiming title under a gift deed dated 27.11.1975 executed in his favour by the declarant. The Taluk Land Board rejected the claim petition as per the order impugned in this revision stating that the declarant did not raise any contention that he had executed a gift deed in favour of the claimant. The Taluk Land Board held that by the dismissal of C.R.P.No. 1551 of 1999, the claim petition would not be maintainable.

4. Point No.1: The Revision petitioner/claimant is a member of the statutory family of the declarant. The family is defined under section 2(14) of the Kerala Land Reforms Act as follows:

" 'family" means husband, wife and their unmarried minor children or such of them as exist."

The ceiling area under the Act is as provided in Section 82 of the Act, wherein different categories are dealt with. The ceiling area in so far as a family is concerned is also provided in Section 82 (1)(b) and (c) of the Act. Sub-section (2) of Section 85 provides that where a person owns or holds land in excess of the ceiling area, such person shall file a statement before the Land Board . Sub-section (3A) also provides for filing statements in certain other contingencies. Sub-Section (7) of Section 85 states that where any person fails to file a statement specified under sub-section (2) or sub-section (3A) , the Land Board shall intimate that fact to the Taluk Land Board and thereupon the Taluk Land Board shall, after necessary enquiries, by order, determine the extent and other particulars of the land, the ownership or possession or both of which is or are to be surrendered. The proviso to Section 85(7) states that before such determination, the Taluk Land Board shall give an opportunity to the persons interested in the land to be heard. A statement to be filed under sub-section (2) of Section 85 shall be filed as provided in sub-section (2A). In the case of a family, the statement shall be filed by the husband or in his absence, the wife or in the absence of both, the guardian of the minor children . In the case of a statement filed under sub-section (2A) or sub-section (3A) , the Taluk Land Board shall dispose of the application under sub-section (5) and by order determine the extent and identity of the land to be surrendered. Section 85(8) provides that where the Taluk Land Board determines the extent of the land to be surrendered by any person without hearing any person interested, such person may, within sixty days from the date of such determination, apply to the Taluk