Shircy V, J.

Challenge in this appeal is to the legality of the impugned common order of dismissal dated 31.10.2013 rendered by the learned Forest Tribunal, Kozhikode in O.A. Nos.51/2009, 52/2009 and 53/2009. The Original Applications were filed under Section 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (hereinafter referred to as the Vesting Act), for a declaration that the application scheduled properties are not private forest vested in the Government under the Vesting Act and the appellants/petitioners are entitled to the benefits under Sections 3(2) and 3(3) of the Vesting Act.

2. The material facts in brief for disposal of the appeal are as follows: The appellants have alleged that all the properties scheduled in the applications originally belonged to their common ancestor Chathu Nair as puthravakasam thavazhi and on his demise the properties devolved upon his children viz Subhadra Amma, Sakunthala Amma, Sarojini Amma, Viswanathan Nair and Vasu Nair. The properties are lying contiguously and are in Survey Nos. 334/8, 337/1 & 2 of Erimayoor Village. After the death of Chathu Nair, his children partitioned the properties as per partition deed No.