Radhakrishnan, J.

This appeal was preferred by the State of Kerala and custodian of Vested Forests, Kozhikode against the order dated 28.3.1990 in O.A. No. 3 of 1990 of the Forest Tribunal, Palakkad (O.A. NO. 141 OF 1977 of the forest Tribunal, Kozhikode) by which application preferred by the respondent herein for declaration that the properties shown in column No. 6 therein had not vested in the Government as private forest under Sec. 3(3) of the Kerala Private Forests (Vesting and Assignment) Act, 1971 was allowed.

2. The respondent had filed the application under Sec. 3(3) of the Act for assignment of 25 acres of land in survey number 73,5/5A 2 of Kavilumpara village of Badagara taluk, which according to the State formed part of thick a forest lying contentions raised on either side it is necessary to examine the facts at some length.

3. The respondent-applicant had filed O.A. No. 141 of 1977 before the Forest Tribunal, Kozhikode claiming exemption of the aforementioned land under Sec. 3(3) of Act 26 of 1971. Petitioner along with others had claimed title over the properties in question vide Ext. P1 registered document of 4/4/1955. Ext. P1 was an assignment deed executed by one Harihara Iyer and others in favour of one Thomas and others in respect of two items of properties, the first measuring 589.10 acres in R.S. No. 5/5A2 of Kavilumpara village and the second item having an extent of 554.95 acres in the same survey number. Applicant was stated to be assignee No. 5 in Ext. P1. Complaining that various officials had tried to interfere with the rights of the applicant, he filed application under Sec. 8 of the Act claiming exemption under Sec. 3 (3) of the Vesting Act. Respondent-state objected to the claim stating that the applicant did not hold valid title or possession of the properties and that he had not satisfied the requisite conditions for claiming exemption and that claim was barred by limitation. State also disputed the claim of the applicant that he got only 4 acres of rubber plantation apart from the property covered by the application. Further it was stated that the aoplicant had no intention to cultivate the area on the appointed date and that the area involved was a thick forest of natural original lying contiguous to other vested forest forming a large block and that the property has no boundary from the adjoining vested forest. Before the Tribunal, on the side of the applicant Ext. P1 registered document dated 4.4.1955 was produced and the brother of the applicant was examined as P.W. 1. On the side of the Department, Forest Range Officer, Kuttiadi was examined as RW-1. After considering all the aspects of the matter the Tribunal had earlier dismissed the application.

4. Before we proceed further it would be appropriate to examine the scope of Sec. 3(3) of the Act and the ingredients to be proved by the applicant while claiming exemption under Sec. 3(3). For easy reference we may extract sec. 3(3) of the Act.

"(3) Nothing contained in sub-sec. (1) shall apply in respect of so much extent of private forests held by an owner under a valid registered document of tile executed before the appointed day and intended for cultivation by him, which together with other lands held by him to which Chapter III of the Kerala Land Reforms Act, 1963 is applicable, does not exceed the extent of the ceiling area applicable to him under Sec. 82 of the said Act."

Scope of Sec. 3(3) as well as the conditions to be proved so as to claim the benefit of exemption are well settled by a catena of decisions. We may re-iterate three conditions to be established for claiming exemption under Sec. 3(3) which are as follows :

(a) Applicant has to prove that he has derived title to the property under a valid registered document executed on or before 10.5.1971.

(b) Applicant has to establish that he had the intention to cultivate the property as on 10.5.1971.

(c) Applicant has to prove that the extent of properties in his possession incl