The main legal point established in the judgment is the interpretation of the conditions for exemption of private forests from vesting in the Government under S.3(3) of the Vesting Act, and the determination of the registration status of a certificate of sale under S.89(2) of the Registration Act, 1908.

1. This appeal is against an order of the Forest Tribunal, Kozhikode dismissing the appellant's application for a declaration that the land described therein has not vested with the Government as per S.3(1) of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short'the Vesting Act'). The extent of the land claimed is 17.75 acres in Kavilumpara Village in Badagara taluk. The said land, according to the appellant, forms part of a larger extent of land sold in a court sale in O. S. No. 703 of 1956 of the Munsiff's Court, Nadapuram and a certificate of sale was granted to the appellant as the purchaser in that court sale. The appellant contends that the said area has not vested in the Government for two reasons. The first is that the area has ceased to be forest, as it was brought under cultivation long prior to 10-5-1971 (the appointed date specified for vesting of the forests in the Government as per S.3 (1) of the Vesting Act). The second reason is that, even if it is a private forest on the said date he is entitled to the exemption under S.3 (3) of the Vesting Act.

2. The Forest Tribunal repelled both the said contentions of the appellant and dismissed the appeal. The learned counsel for the appellant has argued that the evidence on record is sufficient to hold that the land has not vested in the Government on account of the exemption under S.3 (3) of the Vesting Act.

3. S.3(1) of the Vesting Act causes the vesting of all forests in the Government with effect on and from the appointed day, i. e.10-5-1971, and this vesting process is subject to sub-sections (2) and (3) of S.3. In this appeal the learned counsel for the appellant did not contend that subsection (2) is applicable and the appellant's claim is confined to the exemption under S.3 (3) of the Vesting Act.

4. Three conditions are to be satisfied to attract the exemption contained in S.3 (3) of the Vesting Act. They are: (1) The land must be private forests held by an owner under a valid registered document of title executed before the appointed day; (2) the owner should have the intention to cultivate the said land and (3) the said land together with the other lands held by him shall not exceed the ceiling limit applicable to him as per S.82 of the Kerala Land Reforms Act, 1963.

5. There is no dispute that the land claimed herein is a private forest. The second condition aforesaid is fulfilled when the appellant expressed his intention to cultivate the land. The Forest Tribunal held that the first and the third conditions are not satisfied in this case. The first condition is not satisfied, according to the Forest Tribunal, because the document (certificate of sale granted by the civil court) under which he got the title, though valid, is not a registered document. The third condition is not fulfilled, according to the Forest Tribunal, because the appellant has not produced the required certificate from Tahsildar and no affidavit of the appellant mentioning about the other areas of land in the possession of himself and members of his family has been filed.

6. The learned counsel for the appellant has contended that a certificate of sale is a registered document as per the provisions of the Registration Act, 1908 (for short'the Act'). S.89(2) of the Act enjoins on the court which grants the certificate of sale of immovable property, to send a copy of such certificate to the registering officer. Once it is so sent, it is incumbent on the registering authority to file the said copy in Book No.1 mentioned in that Act. There is a presumption that the formalities of the Registration Act have been duly complied with in the case of a certificate of sale. But the contention of the learned Government Pleader is that the mere filing of a copy of the certificate of sale in Book No.1 will not amount to registration of that document and hence such a certificate of sale cannot be treated as a registered document.

7. What is meant by a registered document? The A