The purchase certificate is conclusive proof of the assignment of the right, title, and interest of the landowner to the tenant, but the Taluk Land Board has the jurisdiction to examine its evidentiary value and determine the excess land to be surrendered.

P.K. Shamsuddin, J.

1. This revision is against the order of the Taluk Land Board, Taliparamba in TLB No. 155/73/TBA, on its file. The Taluk Land Board passed an order dated 29-9-1979 determining the extent of land to be surrendered by the declarant in that case as 39 acres and 23 cents The petitioner contended that he is a tenant in respect of 3 acres in Sy. No 235 of Panniyur Amsom. The tenancy claimed was rejected by the Taluk Land Board. The petitioner filed CRP No. 285 of 1980F against the order of the Land Board. The declarant also filed a revision CRP No. 3102 of 1979F challenging the same order. Both the revisions were heard together.

2. At the time of hearing, it was submitted on behalf of the petitioner that he had obtained a purchase certificate from the concerned Land Tribunal in OA No. 2607 of 1977. It was also submitted that the declarant bad executed a gift deed in favour of his three children and in would attract the operation of S.84(1) of the Kerala Land Reforms Act This Court held that the Taluk Land Board had no opportunity to consider the purchase certificate and therefore it was only just and proper that the matter was remanded to the Taluk Land Board for looking into the purchase certificate and to pass appropriate orders. This Court also held that the finding regarding the invalidity of the gift in regard to the party has to be reexamined in the light of S.84(1) of the Act. In this view, both the revisions were allowed, and the matter was remanded to the Taluk Land Board.

3. In support of his contention, the petitioner produced certified copy of the order in OA No. 2607 of 1977 and also the certified copy of certificate of purchase No. 406 of 1978. He also produced document No. 3802 of 1969 on the file of the Taliparamba Sub Registry, under which the declarant assigned three acres of land in favour of the petitioner and others which was marked as Ext. A1 by the Land Board The Taluk Land Board found that there was no mention of prior possession as tenant in Ext. A1 document, and it only purports to be an assignment. With regard to the proceedings before the Taluk Land Board, evidenced by Ext. A2 and also the purchase certificate Ext. A3, the Taluk Land Board found that the declarant was not a party to the proceedings before the Land Tribunal and the basis on which it was allowed has not been disclosed in the order and Ext. was issued on the basis of Ext. A2

4. Counsel for the petitioner strongly relied on the decision of the Supreme Court in Mathew And Others v. Taluk Land Board (1979 KLT 601) and contended that the issue of purchase certificate is conclusive proof of the fact that the right, title and interest of the landowner and intermediaries in respect of the holding concerned were assigned to the tenant. In the above decision their Lordships of the Supreme Court observed as follows: -

"24. Now the certificate of purchase which the Land Tribunal issues (in the prescribed form) evidences the "assignment" of the assigned land to the purchaser. Sub-s.(2) of S.72K of the Act mentioned above merely declares that the certificate shall be conclusive proof of that "assignment" of the right, title and interest of the land owner and the intermediaries (if any) to the tenant in respect of the holding concerned (or portion there of). There is nothing in the Sub-section which could be said to declare that the finding recorded by the Tribunal in those proceedings would be conclusive proof of any other matter which it may determine so as to bind the Taluk Land Board or any other authority. Sub-s.(2) of S.72K therefore does not in terms or in substance, impinge on the authority of the Taluk Land Board to discharge its own functions tinder S.85(5) of the Act.

25. The Board is thus quote free to cause the particulars mentioned in the statement filed under Sub-s.(2) of S.85 to be verified and to ascertain whether the person filing the statement owns or holds any other land, and to determine the "extent" as well as the