Honble WADHWA, J.–This is the second round of litigation, Earlier, it was the Taluk Land Board and the State of Kerala which had come to this Court in appeal (CA No. 227/78) decided in batch of appeals in Chettian Veetil Ammad & Anr. vs. Taluk Land Board & Ors. (1) on the question of exclusion of `fuel area and `rested area from the plantation which is otherwise exempt from the limitation of ``ceiling area under the provisions of the Kerala Land Reforms Act, 1963 (for short `the Act). Present appellant had purchased the estate mainly of tea Plantation from South India Tea Estate Company Ltd. which was the respondent in the earlier appeal in this Court. (CA 227/78)

(2). The Act came into force on April 1, 1964. The Kerala Land Reforms (Cei- ling) Rules, 1970 (for short the Rules) have been framed under the Act, which prescribed the Form in which the return/ statement is required to be filed by a person having land in excess of the ``ceiling area fixed under the Act or claiming exemption of any land as not falling within the ``ceiling area at all.

(3). Predecessor-in-title of the appellant (South India Tea Estate Company Ltd.) filed return on March 28, 1970 before the Land Board in relation to tea plantation held by it. (Hereinafter when we refer to the appellant it will mean and include its predecessor-in-title as well.) Total area of the land held by the appellant is 4251. 1 9 acres. Out of this an area of 267.16 acres was sought to be surrendered. From the area held by the appellant it claimed exemption under four heads, name- ly, (1) Tea Plantation; (2) Roads & Building; (3) Area for Fuel Trees; and (4) Other agricultural lands interspersed. By order dated June 25, 1976 Taluk Land Board disallowed substantial claims of the appellant for exemption as `fuel areas and `rested tea,area. Matter was taken up by the appellant to the Kerala High Court in revision which by order dated March 15, 1977 restored the claims made by the ap- pellant under those two heads and under the heads `Roads and Buildings and `Other Agricultural Land interspersed and remanded the case to the Taluk Land Board for redetermination of the ceiling area. The Taluk Land Board and the State of Kerala which felt aggrieved appealed to this Court regarding the claims of exemption under the heads fuel area and rested tea area. This Court by judgment dated May 2, 1979 allowed the appeal and restored the orders of the Taluk Land Board. We will have occasion to refer to this judgment in detail at a subsequent stage of this judgment. No final orders, however, could be passed by the Taluk Land Board under the Act as it remained seized of the matter under the two heads on which High Court had remanded the matter.

(4). Analysis of the orders of the Taluk Land Board and of the High Court are best, reflected as under:

Head of Exemption Exemption claimed by appellant 25.6.76 (In acres) Exemptions allowed by Taluk Land Board by Order dt. 15.3.77 (In acres) Exemptions allowed by High Court by order dt. (In acres)

Tea Plantation 2593.64 (Including rested area 136.17) 2457.47 (136.17 disallowed on the ground being rested tea) 2593.64

Roads & Buildings 202-55 188.00 Remanded

Area under Fuel

Trees 92401 (ancillary to plantation i.e. fuel for tea manufacture, roads, buildings, factory etc. for working) 200.00 924.01

Other agricutural lands interspersed 263.83 100.00 Remanded

(5). On remand Taluk Land Board again took up the matter after judgment of this Court dated May 2,1979 in Chettian Veetil Ammad & Anr. vs. Taluk Land Board and Ors. (supra). In the proceedings pursuant to the remand the Taluk Land Board considered the question of interspersed agricultural land as the appellant had now pitched its claim on that basis as well. Equally the appellant claimed that there were cardamom plantation within the fuel area which existed and which dated back prior to April 1, 1964 and which would also be exempt. It also claimed that the rested tea area would, in fact, fall with in tea plantation.

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