PARAKKAT HAMSA AND OTHERS Vs. NAIR SERVICE SOCIETY

JUDGEMENT

(1.) Two suits for injunction were tried and disposed of as per a common judgment, as also the appeals therefrom. The appellants are the defendants in O.S. No.121 of 1980 which is a suit for prohibitory injunction against trespass. They are also defendant Nos. 6 to 36 in O.S. No. 24 of 1981 wherein defendants 1 to 5 are the State of Kerala and the Forest authorities. The said suit is to restrain defendants 1 to 4 (State and Forest officials) from inducting the other defendants into possession of the property. In this judgment, for the sake of convenience, the appellants are referred to as the "defendants". The Plaintiff in both the suits is the Nair Service Society, Perunna, and is hereinafter referred to as the "plaintiff".

(2.) The plaint schedule in both the suits is one and the same. It has an extent of 1000 acres, situated in Survey Nos.208/1 and 1/1 of Edathanattukara amsom and desom. A large extent of property including the plaint schedule, belonged to one R.M.Palat on Kanom right. As per Ext A1 lease deed of the year 1943, an extent of 1000 acres (plaint schedule) was demised by him on lease in favour of the plaintiff. On measurement, the plaintiff found that within the boundaries as given in Ext A1, the property has an extent of only approximately 600 acres. Exhibit A1 lease deed authorised the lessee (plaintiff) to make up the deficit in extent, if any, from the remaining and adjoining property of R.M.Palat. According to the plaintiff, exercising the said right, the plaintiff made up the deficit extent from the western and northern adjoining properties of the lessor. The dispute in the suits is essentially regarding the western 100 acres so reduced into possession by the plaintiff. With the coming into force of the Kerala Private Forest (Vesting and Assignment) Act, 1971 (for short "the Vesting Act") on 10.05.1971, the plaintiff was necessitated to approach the Forest Tribunal under Section 8 thereof. The proceedings were originally before the Forest Tribunal, Palakkad, as O.A. No.1413 of 1973 which was later transferred to the Forest Tribunal, Manjeri, and renumbered as O.A. No.347 of 1976. As per Ext A2 order dated 21.03.1979 it was held that 625 acres out of the 1000 acres covered under Ext A2 lease deed does not vest in the State under the provisions of the Vesting Act. In the meantime, the defendants-appellants, claiming oral lease in their favour by the very same lessor - R.M. Palat - approached the Forest Tribunal by a series of Original Applications filed under Section 8 of the vesting Act as O.A. Nos.544 to 573 of 1976. The claims, though were in respect of properties in the very same survey number as that of the plaintiff's, the survey number comprised of a larger extent of property. The said Original Applications were also allowed as per Ext B3 order. It is the case of the plaintiff that under cover of the said order, the defendants are attempting to take possession of the western most 100 acres out of the plaint schedule property. Hence the suits.

(3.) The trial court dismissed the suits. On appeal, the learned Single Judge reversed the decree and judgment of the trial court and decreed the suits in favour of the plaintiff. It is aggrieved thereby that the appeals are filed by the defendants.