JUDGMENT :

S. RAVINDRA BHAT, J.

1. This appeal by special leave challenges a judgment of the Kerala High Court¹[In MFA 108/2006 decided on 05.12.2008], which allowed an appeal preferred by the respondent (hereafter called “Popular Estates”) and held that an area of slightly over 402 acres (i.e., 100 hectares and 155.90 acres) vested in the State of Kerala (hereafter “the state”), and the rest of the land (of a total 1534.40 acres) had to be treated as plantation, and thus, belonged to the said respondent.

2. Popular Estates became owners of 1534.40 acres of land. Those lands were acquired by sale, by M/s Popular Automobiles, a registered firm, through four registered deeds executed in 1963. These lands fell to Popular Estate’s share upon partition of the firm’s assets. The Kerala Private Forests (Vesting and Assignment) Act, 1971 (hereafter “the Vesting Act”) came into force with effect from 10.5.1971. Under Section 3 of the Vesting Act, all private forests vested in the State Government. The Act was challenged before the Kerala High Court, which struck it down, by a judgment, in 1972. That judgment was reversed by this Court’s ruling in 1973²[State of Kerala v Gwalior Rayon Silk Manu