The respondents hereinafter called the applicants filed a petition under section 8 of the Act before the Tribunal for the settlement of the dispute alleged by them.
Relying on Exhibits Al, A2, A6 and A7, the High Court held that the land in dispute scheduled to the petition formed part of the private forest held by the applicants and under their personal cultivation at the time of the companying into force of the vesting Act, namely, on 10.5.1971.
Counsel for the appellants urged the following three points.
It was observed that the schedule properties taken along with other properties belonging to the petitioners applicants would number exceed the ceiling area permissible under the provisions of the Kerala Land Reforms Act, Act 1 of 1964 .
The Forest Tribunal by order dated 273.1990 held that the petitioners applicants nave number proved that they have got exclusive title to the schedule properties, and that there is numberacceptable evidence to show that the properties were under the personal cultivation of the petitioners applicants on the appointed day to afford relief under section 3 2 of the Act.
2 SCR 679 The Judgment of the Court was delivered by PARIPOORNAN, J. The State of Kerala and the Custodian of vested forests are the appellants in this appeal.
5435 of 1972, and O.P. No.
Aggrieved by the aforesaid Judgment of the High Court, the State of Kerala and the Custodian have companye up in appeal, We heard Mr. M.A. Firoz, companynsel for the appellants and also Mr. G. Vishwanatha Iyer, Senior Advocate who appeared for the respondents.
They are In adjudicating the appeal filed under section 8A of the Act, the High Court was in error in reappreciating the evidence and in holding that the land in dispute formed part of the private forest held by the applicants and under their personal cultivation on the date when the Act came into force 10.5.71 .
The Custodian was directed to identify the property in the presence of the representatives of the applicants and hand over the same to the applicants.
The High Court further that the Thavazhi represented by the applicants as on 10.5.1971 companysisted of atleast 10 members and the family at the relevant time companyld in any event retain a minimum of 75 acres.
This appeal is filed against the Judgment dated 5.9.91 passed by the High Court of Kerala in M.F.A.NO.
In the appeal filed by the applicants, the High Court of Kerala by its Judgment dated 5.9,91 reversed the order passed by the Forest Tribunal.
The facts relevant for the decision of this appeal ate in a harrow companypass.
The High Court has placed reliance on Exhibits Al and A 2, the earlier Judgments of the High Court rendered in O.P. No.
It was claimed that the property shown in the petition, 60 acres of land in R.S. 25/part and R.S. 31/2A of Chungathara village, Ernad Taluk, did number vest in the Government under section 3 of the Act.
1994 SUPPL.
1297 of 1973 wherein the applicants rights to remove the poles obtained by them in the thinning process in the plantation were recognised.
287 of 1991, reversing the order passed by the Forest Tribunal, holding that the applicants before the Forest Tribunal are entitled to retain 60 acres of land in terms of section 3 2 of the Kerala Private Forests Vesting and Assignment Act, 1971, Act 26 of 1971 , hereinafter called the Act.
They are members of Nilambur Kovilakam.
The respondents in this appeal are the applicants in O.A. 88 of 90 of the Forest Tribunal, Palakkad hereinafter called the Forest Tribunal .
The petition was dismissed since the title and possession of the properties as claimed by the petitioners applications were found against.
