O.CHHINNAPPA REDDY, M.M.DUTT
M. N. Sankaranarayanan – Appellant
Versus
State Of Kerala – Respondent
Judgment
CHINNAPPA REDDY, J.:- This appeal by special leave is directed against the judgment of the High Court of Kerala reversing that of the Tribunal constituted under the Kerala Private Forests (Vesting and Assignment) Act 1971. The Appellant had sought and obtained from the Tribunal a declaration that an extent of 2950 acres of land was cardamon plantation and not a private forest which could vest in the Government under the Act. An appeal preferred to the High Court by the Government and the Custodian under S. 8-A of the Act was allowed and the declaration was confined to a small extent of twenty five acres. We have perused the relevant evidence and we are satisfied that the finding of the High Court was substantially correct. We do not consider it necessary in this appeal under Art. 136 to discuss the evidence at any great length merely to reiterate the conclusion arrived at by the High Court. Shri Venugopal, learned counsel for the Appellant placed reliance primarily on the evidence of an Advocate-Commissioner who had purported to inspect the lands in connection with some other suits to which the Government was not a party. The High Court has given cogent reasons with which w
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