The judgment emphasizes the need for an independent scrutiny and proper consideration of legal principles and evidence in deciding disputes related to private forest land under the Kerala Private Forest (Vesting and Assignment) Act 1971.

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 arising from O.A.Nos.67, 70 and 66 of 1981 respectively. The petitioners claimed that the land had been taken on lease from Nilambur Kovilakom in 1946. The petitioners and their predecessors have cultivated the land with paddy and other crops and are in enjoyment of the same and no portion of the respective area is forest and could not therefore vest under the Act. The petitioners also claimed that they have obtained purchase certificates in respect of areas on application made before the Land Tribunal with the Forest authorities on the party array. The custodian of private forest the respondent contested the claim on the ground that the disputed items are portions of a compact area of 10002.12 hectares of private forest in Sy.No.1305 of Chungathara village governed by the M.P.P.F. Act, the area does not contain any cultivation, there are forest trees of spontaneous growth of more than 40 years old and that the petitioners are therefore not entitled to the exemption claimed. The decision of the Land Tribunal was also attacked as invalid while denying the oral entrustment.

4. The petitioners in the three cases were examined as PW1, PW3 and PW2 respectively. PW6 is the Bank Officer who had inspected the land in connection with the application for loan. PW7 is the Revenue Inspector who has filed Exts.A1, A10 and A6 reports before the Land Tribunal after the inspection. Besides examining themselves, the petitioners have produced Exts.A4, and A8 revenue receipts. RW1 to 3 had been examined for the respondents and Exts.Bl to B3 were proved.

The Forest Tribunal without considering the claim of tenancy and cultivation prior to 10-5-1971 on the basis of the evidence tendered before it, relied on Exts. A3, A18 and A7, the orders of the Land Tribunal, to conclude that the petitioners had been cultivating the areas as tenants on 10-5-1971. On the basis of that finding the Forest Tribunal held the view that the petitioners are entitled to the protection of S.3 (2) of the Act. In Exts.A3, A18 and A7 the Forest Tribunal has found that the petitioners had been cultivating the land even before 1-4-1964 and they are therefore, entitled to purchase certificate. When the order of the Land Tribunal in the first instance was assailed in appeal, the appellate authority made a reservation that the decision of the Land Tribunal shall be subject to the decision of the Forest Tribunal on the question whether the land in dispute is private forest. In the light of that reservation and in view of the provisions of the Vesting Act the decisions rendered by the Land Tribunals in these cases are not conclusive for the purpose of deciding whether the applicants are entitled to the benefit of S.3(2) or 3(3) of Act 26 of 1971.

5. Kerala Private Forest (Vesting and Assignment) Act, 1971 is an