P.R. RAMACHANDRA MENON, J.

1. The main question involved in this appeal is whether the property involved herein was a 'cardamom plantation' as on 10.05.1971 – the appointed day, to be excluded from being vested with the Government under Section 3 (1) of the Kerala Private Forests (Vesting & Assignment) Act, 1971 (in short 'the Vesting Act 1971'), in terms of Section 2 (f) (1) (i) (B) of the said Act. The case has travelled a long way after its inception before the Tribunal, even up to the Apex Court and after remand, to be reconsidered with reference to all the documents produced and the evidence let in.

2. The sequence of events reveals that the original applicant by name, Karimbil Kunhi Koman approached the Forest Tribunal, Kozhikkode by filing O.A. No. 170 of 1976 under Section 8 of the Act for a declaration that the property described in the application was 'cardamom plantation' and hence was not liable to be vested with the Government as forest. Later, the original applicant Mr. Kunhi Koman bid farewell to this world, pursuant to which, his widow and children cam