APPUKUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The order made by the Division Bench of the High Court in MFA No. 379 of 1987 affirming the order made by the Forest Tribunal, Palghat in OA No. 137 of 1976 is under challenge in this appeal.

(2.) The appellants applied to the Forest Tribunal u/s. 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for brevity "the Act"). The Tribunal accepted the claim made by the appellants. The respondents challenged the order of the Tribunal before the High Court. The High Court set aside the order and remanded the case to the Tribunal for fresh consideration. On remand, the Tribunal found that the appellants were not entitled to claim made u/s. 8 of the Act. The Tribunal held that the appellants failed to establish their title over the land in question; failed to establish their personal cultivation on 10.05.1971, that is, the appointed day under the Act; and they failed to establish that the total holding of the appellants, including the land in question, did not exceed the ceiling limit prescribed under the Kerala Reforms Act. In that view the application filed by the appellants was dismissed. Aggrieved by and not satisfied with the order of the Forest Tribunal, the appellants filed MFA No. 379 of 1987 questioning the validity and correctness of the order passed by the Tribunal. The High Court took up only one point for consideration, namely, whether the total holding was not in excess of the ceiling limit prescribed under the Kerala Reforms Act and recorded a finding that the appellants failed to establish that the total holding did not exceed the ceiling limit. In that view, the High Court thought it unnecessary to consider the other two questions, namely, as to the title and as to the personal cultivation of the appellants over the land on the appointed day.

(3.) In view of the conclusion arrived at on Point 1, the High Court dismissed the appeal concurring with the finding recorded by the Forest Tribunal.