P.R. Ramachandra Menon, J.

Interference declined by the Forest Tribunal, Kozhikode, dismissing the claim petition filed by the appellant seeking for a declaration that the property concerned herein is not a 'vested forest', is the subject-matter of challenge in the appeal.

2. The case of the appellant is that, he had obtained an 'oral lease' of 1 acre of property from the receiver appointed by a Civil Court, which originally belonged to the Nilambur Kovilakom, for cultivating ginger, tapioca, cashew, mango, jack fruit, etc. and that he had effected the cultivation and was enjoying the property as aforesaid. While so, a criminal case came to be registered against the appellant by the Forest Department in the year 1984, leading to CC No. 413 of 1984 before the Chief Judicial Magistrate's Court, Manjeri. It is stated that the proceedings ended in acquittal. Subsequently, the Forest Department attempted to interfere with the possession and peaceful enjoyment of the property in the year 1990, by putting up some cairns. Later, another case came to be registered against the appellant under Section 27(1)(f) and Section 62(d) of Forest Act in the year 1992. This also ended up in acq