1. Appellants herein filed an application before the Forest Tribunal, Manjeri under S.8(1) of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short'the Act') contending that 37.50 acres of land described in the application is not private forest which has vested in the State under S.3(1) of the Act. They contended that the disputed land is liable to be exempted from vesting under sub-section (2) of S.3 or at any rate under sub-section (3) of S.3 of the Act. The claim was opposed in the counter filed on behalf of the State and the Custodian of Vested Forests.

2. The Forest Tribunal held that the appellants have been the owners in possession of the disputed land, that the land had not been cultivated on or before 10-5-1971 when the Act came into force, that they have proved that the disputed land together with the other lands held by them to which Chapter III of the Kerala Land Reforms Act, 1963 is applicable does not exceed the ceiling area applicable to them under S.82 of the latter Act. The Tribunal did not decide whether they have the requisite intention to cultivate the land. However, the Tribunal held that they are not holding the land under a valid