Koshy, J.

1. Theonly question referred to the Full Bench in this case is as follows:

“Whether assignee of the land after transfer can get the benefit of sections 3 (2) or 3 (3) of the Kerala Private Forests (Vesting and Assignment) Act. 1971, if his predecessor-in-interest had any right on the appointed day.”

The matter was referred to the Full Bench in view of the observations of the Division Bench in Koya

v. State of Kerala (1987 (1) KLT 830). In the above decision it was held as follows:

“… The owner as defined under the Act does not include an assignee or transferee. As on the appointed day the applicant did not have any right over the property he could not have claimed exemption under S.3 (2) of the Act. The person who is entitled to file a petition claiming benefit under

S.3 (2) or 3 (3) is the person who had right over the property. At the time when the property had vested in the State, the applicant did not have any right.”

The court further observed as follows:

“… As the property, being a private forest, had already vested in the state the person who had right over the property on the appointed day alone could have claimed exemption under S.3 (2) or 3 (3) of the