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2019 Supreme(SC) 52

S.ABDUL NAZEER, DEEPAK GUPTA
State of Kerala – Appellant
Versus
Mohammed Basheer – Respondent


Advocates:
Advocate Appeared:
For the State : Mr. C.K. Sasi
For the Respondent: Mr. K. Rajeev

JUDGMENT :

S. Abdul Nazeer, J.

The appellant-State of Kerala has preferred these appeals challenging the legality and correctness of the judgment passed by the High Court of Kerala in M.F.A. No.160 of 1991 dated 18.09.2001 and the order in RP No.572 of 2001 in M.F.A. No.160 of 1991 dated 06.02.2007.

2. The respondent herein filed a petition in the Forest Tribunal, Palakkad under Section 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short 'the KPF Act') for settlement of the dispute in relation to land measuring about 2 acres bearing R.S No. 1200, Muppenad (now in Vellar mala village) Vythiri Taluk, Wynad district (for short 'the land'). In the petition, it was contendedthat one K.C. Kunji Moosa had orally leased the land in favour of the respondent's father in the year 1962 and that his father was personally cultivating the land; after the death of his father, he was personally cultivating the land. It is not a private forest as defined under Section 2(f) of the KPF Act; the land was principally planted with coffee long before the appointed day; thus, it had not vested in the government under Section 3 of the KPF Act; he was issued a certificate of purchase u





























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