Judgment

RANGANATH MISRA, J.:- Special leave granted. We have heard learned counsel for the parties.

2. In disposing of the appeal against a decision of the Forest Tribunal under the provisions of the Kerala Private Forests (Vesting & Assignment) Act, 1971, a Division Bench of the Kerala High Court in MFA No. 401/ 78 disposed of on 14th of July, 1980, directed :

"It follows that out of 102 acres 25 acres over which teak was planted in 1967 and eucalyptus was planted in 1955 will be private forest coming within the Private Forests (Vesting & Assignment) Act, But since this area is under the personal cultivation of the respondent she will be entitled to 15 acres under S. 3(2) of the Act. The rest 10 acres will vest with the Government.

In the result the appeal is partly allowed and the order of the lower court is modified as follows:-

It is declared that 75 acres over which the respondent had planted teakwood, orange and soft wood prior to 14th December, 1949 is held to be not a private forest under the Madras Preservation of Private Forests Act, 1949 and Kerala Private Forests (Vesting & Assignment) Act, 26 of 1971. But of the rest 2 acres over which the respondent had planted cashew i