JUDGMENT

P.K. Balasubramanyan, J. — 1. Leave granted.

2. These are cross appeals by the applicant before the Forest Tribunal and the respondent therein, the State of Kerala. The appeals arise from the final adjudication made in O.A. No.90 of 1979 filed by the applicant therein claiming exemption from vesting under the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short "the Vesting Act") in respect of the land scheduled to that application. Going by the application it will be seen that the applicant claimed that the lands in RS No.292/1A of Naduvil Village belonging to the applicant, was a cardamom plantation before the appointed day, namely, 10.05.1971; that the forest authorities are proceeding as if the entire land had vested in the State under the Vesting Act and the application scheduled land was liable to be declared as not having vested in the State, as per the Vesting Act. The application was resisted by the State and the forest authorities. But, it was stated that a portion of the land was planted with cardamom. The land was part of what was called the Koliyat Estate consisting of about 700 acres and a substantial part of the Estate fell within the State o