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2013 Supreme(Ker) 371

K.M.JOSEPH, A.HARIPRASAD
A. K. Menon – Appellant
Versus
State of Kerala, rep. by Chief Secretary, Govt. of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellants:C. Vinod Kumar, Advocate.
For the Respondents: M.P. Madhavan Kutty, Special Govt. Pleader for Forests.

Judgment :

A. Hariprasad, J.

1. Petitioners in O.A.No.16 of 2003 before the Forest Tribunal, Kozhikode (hereinafter referred to as "the Tribunal"), aggrieved by the dismissal of their application filed under Section 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (hereinafter referred to as "the Vesting Act") have come up in appeal challenging the order of the Tribunal.

2. Briefly put, the case of the appellants is as follows: Petition schedule property along with other items originally belonged in jenm to Varukkumanchery Mana. It was outstanding in kanom right to the family of one Raghavan. There was a partition in his family by document No.645 of 1925 of SRO, Parali. In that partition, it was allotted to the share of Raghavan. On his death, it devolved on his daughter Suseela. Kanom right was renewed as per Ext.A1 document of the year 1937 in the name of Suseela. At that time Suseela was a minor. On attaining majority, Suseela assigned the property as per Ext.A2 document of the year 1965 in favour of one Sainabha Umma. Later, she sold the property to the appellants as per document No.1276 of 1975 of SRO, Parali (Ext.A3). Appellants are in possession and enjoymen








































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