STATE OF KERALA Vs. KUNHIRAMAN

JUDGEMENT

(1.) A Forest Tribunal declared, by the impugned order, that the disputed land (10 acres in extent) is not private forest which vested in Government as per S.3(l) of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short "Vesting Act"). The order is challenged in this appeal by the State and Custodian of Vested Forests.

(2.) In the Original Application, the claimant has stated, inter alia, that the disputed land forms part of a larger extent of land which once belonged to Poralam Devaswom and that in the year 1941, the said Devaswom granted a lease of 400 acres of land to one Joseph who, in turn, leased 40 acres therefrom (which includes the disputed land) to one Ayamootty in the year 1942. It is further averred in the application that Ayamootty cultivated the land with pepper, tapioca and ginger and in 1957 the disputed land was leased by the said Ayamootty in favour of the claimant who continued cultivation therein, and that the improvements effected in the property got destroyed in a forest fire during 1975-76 and thereafter he could not cultivate the land due to other imponderables. As the forest officials obstructed him from enjoying the land, he filed the Original Application under S.8 of the Vesting Act.

(3.) The application was resisted by the Custodian of Vested Forests. In the counter affidavit filed on his behalf, it is claimed that the disputed land is portion of a large area of forest land in North Wynad Taluk, to which the provisions of Madras Preservation of Private Forests Act, 1949 (for short 'M. P. P. F. Act') applied immediately before the appointed date under the Vesting Act. It is further contended that the disputed land was never under cultivation of any person and it remained as forest area right through.