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2001 Supreme(Ker) 745

K.A.ABDUL GAFOOR, P.R.RAMAN
Thanka – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

K.A. Abdul Gafoor, J.

1. The appellant's application filed under S.8 of the Kerala Private Forest (Vesting and Assignment) Act, 1971 (hereinafter referred to as 'the Act') was dismissed by the Tribunal on the ground of limitation, being beyond two months period made mention of in R.3 of the Kerala Private Forest (Tribunal) Rules, 1972 (hereinafter referred to as Tribunal Rules). It was there upon that this appeal has been filed.

2. Petitioner obtained possession of 1 Acre of land in Sy.No. 97/1B1 of Kottappady Village Vythiri Taluk as per Ext. A1 document No. 1481/1978 of Vythiri Sub Registry. She purchased the property from one Kannan who obtained it on the basis of Ext. A2 document dated 19.1.1994. After purchasing the property, Kannan and approached the Land Tribunal and obtained a purchase certificate - Ext. A3. When the petitioner was enjoying the property in question on the basis of these documents, there was obstruction from the Forest Officials to enjoy a portion of the property extending about 45 cents. It was thereupon, she filed O.A. 18 of 1988 before the Forest Tribunal, Kozhikode, which was later transferred to the file of the Forest Tribunal, Palghat and renumbe






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