K.S. Paripoornan, J.

1. The State of Kerala and the Custodian of Vested Forests, Kozhikode have filed this appeal against the order passed by the Forest Tribunal, Kozhikode in O. A. No. 232 of 1981 dated 20th October 1984. The matter arises under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The said Act came into force on 10th May 1971. The respondent herein was the petitioner in O. A. No. 232 of 1981, He filed an application under S.8 of the Act, for settlement of the dispute, and claimed relief in respect of five acres of land in Sy. No. 1226 of Muppeyanad Village of Vythiri Taluk, on the ground that the same has been brought under cultivation prior to the appointed day. In the application, it was stated that tree growths are available in the area and that there was a small shed, wherein the applicant is residing. He also relied on Pattayam No. 953 of 1978 issued by the Land Tribunal, Sultan Battery. His plea was that the area in dispute was taken on oral lease from one K. V. Gopalan prior to 1964 and it was planted mainly with coffee and other agricultural crops. Due to pest, drought, etc., a good number of plants were destroyed. The area in dispute is i