GEORGE A LESLIE Vs. STATE OF KERALA

JUDGEMENT

(1.) Linwood and Shendurni Estates in Kulathupuzha Village, Pathanapuram Taluk, belonged at the relevant time to a partnership. The firm appointed the 2nd petitioner as its agent to manage the estates. The aforesaid estates formed part of a bigger estate known as Herford Estate, covering an area of 374.83 acres. The land comprised in that estate belonged to the erstwhile Government of Travancore and was assigned under the Rules for the sale of Waste Land on the Travancore Hills dated 24th April 1865 to three persons by Ext. P-1 dated 29-12-1877.

(2.) The question of the right of the grantees in respect of trees other than the royal trees, enumerated in Ext. P-1, hereinafter called the reserved trees, in this and similar grants was raised by the planters and the Government of Travancore in their proceedings R. O. C. No. 161/1921/Rev. dt.8 9 1923 corresponding to 12-3-1099 M. E. held that on payment of timber value of the reserved trees at a flat rate of Rs. 35/- per acre of wooded area, a grantee would acquire full rights to the reserved trees.

(3.) On 2nd February, 1924, R.26A and 26B were added to the Rules framed under Regulation III of 1097 (Government Land Assignment Regulation). R.26A provided that in regard to reserved trees, the grantee shall pay their value at such rate per acre of the wooded area of the grant, as may from time to time be fixed by Government, and on such payment, the absolute right over all reserved trees in the grant will vest in the grantee. The Government issued a notification on the same date, which reads: