Abdul Gafoor, J.

Certain land belonging to the appellants as scheduled to the application filed before the Tribunal below vested with Govt. in terms of Sec. 3(1) of the Kerala Private Forest (Vesting and Assignment) Act, 1971. There upon a dispute was raised and the application under Sec. 8 was filed before the Forest Tribunal, Palakkad seeking exemption from vesting under Sec. 3(2) of the Act. The Tribunal considered the matter with reference to the evidence and the pleadings and the application was dismissed. It was confirmed in appeal. There is finding in that judgment with respect to the claim of cultivation raised by the appellant. There is also a finding with reference to the absence of evidence as to whether the appellants did have in their possession cultivable land in excess of the ceiling area provided for in Act 1 of 1964. Later the appellants again attempted to get exemption from Sec. 3(1) invoking Sec. 3(3) and filed a fresh application. That was also dismissed. That dismissal is impugned in this Appeal.

2. The application originally filed by the appellants was under Sec. 8 raising a dispute whether any private forest or portion of there of had vested in Govt