HARILAL, J.

1. The appellants are the applicants in O.A.Nos.11/2004 and 12/2004 on the files of the Forest Tribunal, Kozhikode. The aforesaid applications were filed under Section 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (hereinafter referred to as 'the Vesting Act”) seeking a declaration that the application schedule properties are not private forests as contemplated under Section 2(f)(1)(i) and also they are entitled to get exemption under Section 3(2) and 3(3) of the Vesting Act, if it is a private forest.

2. According to the applicants, the application schedule properties in O.A.No.11/2004 belonged to Theyyalan, Balakrishnan and Madhavan and they acquired the properties by virtue of registered document No.174/1957. The application schedule properties in O.A.No.12/2004 also belonged to the said Balakrishnan and Madhavan by virtue of registered partition deed No.174/1957. The application schedule properties in both O.As are not 'private forests'; they are 'parambas' without any tree growth, much less any forest growth. The properties on the boundaries are also private lands. So the properties were not notified as a vested forest. Similarly, the M