Judgment

KULDIP SINGH, J.

(1) THE dispute before us is regarding the ownership rights over the timber clear-felled from about 150 acres of jungle area in Kallar Valley and the right to transport the timber so felled from the said area.

(2) THE Kallar Valley area forms part of the tract of land originally known as Kannan Devan Anchanatu Mala in the erstwhile Travancore territory of Kerala State. This area is generally called the Kanan Devan Hills concession (hereinafter called the Concession Area). The Poonjar Raja, held freehold proprietary rights in the Concession Area. Originally the Raja was exercising sovereign rights but later on he came under the suzerainty of Travancore State.

(3) THE Poonjar Raja, by a deed dated July 11, 1877 (hereinafter called First Concession), conveyed the concession area with all the hills and forests therein to one J.D. Munro for cash consideration of Rs. 5,000.00 and a deferred perpetual annual payment of Rs. 3,000.00 from 1884 onwards. Thereafter on July 26, 1879 a second document was executed between the same parties (hereinafter called Second Concession). The terms of the first concession were reiterated enuring