M.M.PAREED PILLAY, T.V.RAMAKRISHNAN, P.SHANMUGAM
Pankajakshy Amma – Appellant
Versus
Custodian of Vested Forest – Respondent
Shanmugam, J.
The question that arises for consideration is whether and if so to what extent the provisions of Order XLVII C.P.C. would apply to review petition filed before the Forest Tribunal under S.8B of the Private Forests (Vesting and assignment) Act, 1971, hereinafter called as 'the Act', or before the High Court under S.8C of the Act. The appellants herein filed an application O.A.No. 851 of 1974, he fore the Forest Tribunal, Palghat, claiming exemption/ exclusion for an extent of 7.22 acres of land situated in Nochipully, Palghat taluk and District, from vesting in the Government under the said Act. The Forest Tribunal passed order dated 28th May, 1977 upholding the claim and allowed that application. The respondents herein filed a review petition, I.A.No. 370 of 1987, under S.8B of the Act. The Tribunal allowed the review petition and set aside the order passed in O.A.No. 851 of 1974 holding that the appellants are not entitled to the claim made by them.
2. As against the order of the Tribunal the appellants filed M.F.A.No. 325 of 1989 contending that the order of the Forest Tribunal allowing the application for review is contrary to law and against the evidence
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