JUDGMENT

K. JAGANNATHA SHETTY, J. :- This appeal by leave from a Full Bench judgment of the Kerala High Court raises a short question of construction of the plain words of a term private forest as defined in a statutory enactment called "The Kerala Private Forest (Vesting and Assignment) Act, 1971 (called shortly "The Vesting Act"). The High Court has decided the question in favour of the State and against the appellant. The judgment of the High Court has since been reported in AIR 1980 Kerala 137. The view expressed by the High Court has been subsequently affirmed by another Full Bench in State of Kerala v. Malayalam Plantation Ltd., AIR 1981 Kerala 1 and reiterated by a larger Bench of. five Judges in State of Kerala v. K. C. Moosa Haji, AIR 1984 Kerala 149.

2. Losing the construction argument, the appellant has appealed to this Court.

3. The facts of the case are immaterial for the purpose of this judgment, save to state in the barest outline that the appellant is the Rayon Silk Manufacturing Company registered in the State of Madhya Pradesh. One of its industrial undertakings is located in Bilakootam, Mavoor in kozhikode District, Kerala State. This establishment produces Rayon Grade Pulp, using Bamboo Eucalyptus and other species of wood as basic raw material. It has a large eucalyptus plantation covering thousands of acres, maintained as captive raw material for use in the factory. The State says that as a consequence of the Vesting Act, the eucalyptus plantation being a private forest and not excluded therefrom is vested in the State with no right, title and interest subsisting with the company. The claim of the company, however, is that the term Private forest as defined under the Vesting Act, excludes the eucalyptus plantation.

4. Private forest has been defined in the Vesting Act as well as under the Kerala Land Reforms Act (Act 1 of 1964) as amended by Amendment Act 35 of 1969 ("The KLR Act") Since counsel for the appellant largely depends upon the judicial construction of the definition of private forest in the KLR Act, it is necessary that we should set out hereunder both the definitions placed along side with each other:

THE KERALA PRIVATE FORESTS (VESTING AND ASSIGNMENT) ACT, 1971 THE KERALA LAND REFORMS ACT (ACT I OF 1964) AS AMENDED BY THE KERALA LAND REFORMS (AMENDMENT) ACT 35/1969)

(ACT 26 OF 1971)

(AS AMENDED BY ACT 5 OF 1978)

2. Definitions: In this Act unless the Context otherwise requires- 2. Definitions: In this Act unless the context otherwise requires

(f) private forest means (47) private forest means a forest which is not owned by the Government, but does not include-

(1) In relation to the Malabar district referred to in sub-section (2) of Section 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956) (i) areas which are waste and are not enclaves within wooded areas;

(ii) areas which are gardens or nilams;

(i) any land to which the Madras Preservation of Private Forests Act, 1949 (Madras Act XXVIII of 1949) applied immediately before the appointed day excluding- (iii) areas which are planted with tea, coffee, cocoa, rubber, cardamom or cinnamon; and

(A) Lands which are gardens or nilams as defined in the Kerala Land Reforms Act, 1963 (1 of 1964) (iv) other areas which are cultivated with paper, arecanut coconut, cashew or other fruit-bearing trees or are cultivated with any other agricultural crop;..."

(B) Lands which are used principally for the cultivation of tea, coffee, cocoa, rubber, cardamom, or cinnamon and lands used for any purpose ancillary to the cultivation of such crops or for the preparation of the same for the market.

Explanation - Lands used for the construction of office buildings, godowns, factories quarters for workmen, hospitals, schools and playgrounds shall be deemed to be lands used for purposes ancillary to the cultivation of such crops;

(C) lands which are principally cultivated with cashew or other fruit-bearing trees or are principally cultivated with any other agri