JUDGMENT

Srikrishna, J.-This appeal by special leave impugns the judgment of the Division Bench of the Kerala High Court dated 7.4.1994. The High Court by its impugned judgment set aside the judgment of the Forest Tribunal and directed the Custodian & Conservator of Vested Forests to hand over possession of a large area of land to the respondents.

2. The respondents claim to be owners of 1534.40 acres of land comprising 265.85 acres of cardamom plantation, 334.85 acres of paddy field and 585.90 acres of cultivable dry land and forest land. They claim that these lands were purchased by M/s Popular Automobiles, a registered firm, by registered deeds alleged to have been executed in the year 1963 and further that these lands were given to them upon partition of the assets of the said firm. The Kerala Private Forests (Vesting and Assignment) Act, 1971 (hereinafter referred to as the Act ) came into force with effect from 10.5.1971. Under Section 3 of the Act, all private forests stand vested in the State Government. The Act was challenged before the Kerala High Court and was struck down as unconstitutional by the judgment delivered sometime in 1972. The judgment of the High Court was re