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1988 Supreme(Ker) 386

V.SIVARAMAN NAIR, FATHIMA BEEVI
AHAMMED – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. These appeals filed under S.8A of the Kerala Private Forest (Vesting and Assignment) Act 1971 arise from the common order of the Forest Tribunal, Manjeri dated 30-7-1983 disposing of six connected applications under S.8 of the Act. These Original Applications were O.A. Nos. 66 of 1981, 67 of 1981, 68 of 1981, 70 of 1981, 97 of 1981 and 101 of 1981. The Tribunal dismissed O.A. Nos. 68, 97 and 101 of 1981. The aggrieved persons have filed M.F.A. Nos. 572,496 and 568 of 1983 against the order of dismissal. O.A. Nos. 66, 67 and 70 of 1981 were allowed. The Stale has therefore filed M.F.A. Nos. 650, 651 and 655 of 1983 challenging the order in those petitions. These appeals have been heard together and are being disposed of by the common judgment.

2. The Original Applications had been filed before the Forest Tribunal under S.8 of the Act claiming exemption from vesting in respect of certain area of land in 'Mazha Kodi Tharisu'. The extents stated in O.A.Nos. 66, 67, 68, 70,97 and 101 are respectively 11.40 acres, 8.35 acres, 4.90 acres, 4.65 acres, 6.35 acres and 6.70 acres.

3. We shall first consider the appeals filed by the State as M.F.A.Nos.650, 651 and 655 of 1983 aris












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