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 execute