STATE OF KERALA Vs. THOMAS

JUDGEMENT

(1.) The petition is filed to review the judgment of this Court dated 13-1-1982 in M.F.A. 449 of 1979. The Forest Tribunal Calicut dismissed O.A. 24 of 1977. Against the order of the Tribunal the applicant filed M.F.A. 449 of 1979. This Court set aside the order of the Forest Tribunal and allowed the applicant's claim under S.3(2) of Act 26 of 1971.

(2.) The applicant's case is that he was in possession and cultivation of about 150 acres of land in Poyyatnala known as Paoniyamala as a sublessee of Kunhikrishnan Nambiar under agreement dated 16-3-1971, that the property belonged to Kottiyoor Devaswom and Kunhikrishnan Nambiar was the lessee under the Devaswom, that be purchased the rights of Kunhikrishnan Nambiar in respect of 75 acres from out of the above said 150 acres by registered document dated 7-5-1968 and that his brother Abraham purchased rights of Kunhikrishnan Nambiar in respect of the remaining land by another registered document on the same date. According to the applicant, the entire land belonging to him was included in the reserve forest as vested with the Government after demarcation by the Forest Department Authorities. Applicant contended that the property does not come within the purview of Act 26 of 1971. It is urged that under S.3(2) of the Act he can hold the land for cultivation upto the ceiling limits applicable under the Kerala Land Reforms Act. Another contention is that he is entitled to exemption under S.3(3) of the Act.

(3.) Respondents filed counter statement contending that the land in question forms part of Poyyamala and other Malavaram in Kapad village and that it is lying contiguous to the forest and that it is not at all possible to locate the property claimed by the applicant. It is contended by the respondents that the property is lying as a forest with valuable trees of natural growth and that there are no records in the village office to show that the applicant ever had obtained valid title over the 75 acres of land as claimed by him.