(1.) These appeals have come before us on three separate orders of references by a Division Bench of this Court passed on the same date - 30-10-1979. Reference Order in M.F A. Nos. 209, 211, 212, 233 and 234 of 1979 reads as follows:
(2.) We think before going into the detailed facts of the cases referred to, in the nature of the order of reference it would be necessary to explain the basis of our decision in State of Kerala v. M/s. Amalgamated Malabar Estates (P) Ltd., ILR 1979 (2) Kerala 525 : 1979 KLT 829. This same Bench had rendered that decision wherein it was held that lands cultivated with eucalyptus trees cannot be considered to be lands principally cultivated with an agricultural crop coming within the ambit of the term 'agricultural crop' as used in S.2 (f) of the Act.
(3.) Elaborate arguments were advanced before us in these appeals particularly with reference to the doubts or difficulties noted by the reference order, but even after a most anxious consideration of all the points raised, we find no reason to depart from the conclusion that non fruit bearing trees do not come within the purview of "other agricultural crop" in S.2(f)(1)(i)(C), though some clarification may be necessary.
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