JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 16.11.1999 passed by a Division Bench of the Kerala High Court in MFA No. 137 of 1989 whereby and whereunder the appeal preferred by the respondents herein questioning the order dated 21.02.1979 passed by the Forest Tribunal, Manjeri in OA No. 594 of 1976 was allowed.

(2.) The basic facts of the case are not in dispute. Appellants herein purchased 14 acres of land in Thenkara Village of Mannarghat taluk in the District of Kerala. The said 14 acres of land was a part of 47.35 acres of land purchased jointly in the name of the appellants, their father and uncle. There allegedly existed rubber plantation in the said land. Teak and other trees had also been planted there. A partition in the family took place as a result whereof 23.5 acres of land out of 47.35 acres of land was allotted to the appellants and their father. A question arose as to whether the said 14 acres of land out of total 23.5 acres vested in the State by virtue of the provisions of the Kerala Private Forest (Vesting and Assignment) Act, 1971 (for short "the 1971 Act"). As their right to possession over the said land was questioned, the appellants filed an application before the Forest Tribunal claiming exemption of the said land.

(3.) The question which arose for consideration before the Tribunal and consequently the High Court was as to whether they had any intention to cultivate the land.