TRIVANDRUM SOCIAL SERVICE SOCIETY Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal arises out of the revised order dated 8.5.1992in O.A. No. 158 of 1990 of the Forest Tribunal, Kozhikode.

(2.) The Tribunal on facts found that the property in question is private forests as defined in S.2 (f) (1) of the Vesting Act. It was also held that the applicant filed to establish the requirements of S.3(2) or 3(3) of the Vesting Act for claiming exemption. Consequently Tribunal dismissed the application on the ground of limitation as well as on merits. The said order is under challenge before us.

(3.) Before we examine the rival contentions', we may refer to a few facts. Application schedule property is 27.786 hectares situated in survey No 1639 of Mannoorkara Village of Nedumangad taluk. The property in question belonged to the erstwhile Government of Travancore which demised the property to one Mr Muthunahyakam, retired High Court Judge for coffee or tea cultivation in consideration of the purchase money of the sum of British rupees 3914.11.10 on certain conditions. We may refer to some of the relevant conditions, which are as follows: