1. This an application under S.8C of the Kerala Private Forests (Vesting and Assignment) Act, 26 of 1971, as amended by Act 36 of 1986, by which the State and the Custodian of Vested Forests seek a review of the judgment of this court in M. F. A. No 193 of 1979.

2. The respondent herein had filed an application under S.8 of Act 26 of 1971 on 31-5-1976 claiming that 43 acres of unsurveyed land in Agali Village, Mannarghat Taluk was cocoa plantation and was therefore not private forests as defined in Act 26 of 1971.

3. The applicant-respondent had not produced any document along with the application. Eventhough there was a reference to a registered partition deed 3301/68/SRO Mannarght and that "clear-felling permit and other documents will be filed later", those documents were filed only on 7-1-1978 (marked as Exts. A1 to A4) and on 6-9-1978 (marked as Exts. A5 to A9). In their written objections, the State and the Custodian of Vested Forests contended that the disputed areas were part of unsurveyed forest lands in Vettilachola malavaram, that they were never cultivated and that there was no cocoa plantation in that area as on 10-5-1971. The applicant examined his son as PW