The claim made by the party respondents that 80 Acres of forest is exempted from vesting in the State under Section 3(3) of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (hereinafter referred to as 'Act' for short) has given rise to this litigation. By the judgment under appeal, the learned Single Judge upheld the claim and directed its demarcation and return to the respondents, in pursuance to Ext.P1 order passed by the Custodian of Vested Forests, in the purported exercise of his powers under Section 3(3) of the Act. It is this judgment which is challenged before us.

2. The facts of the case are that, Pullangode Rubber and Produce Company Limited (hereinafter referred to as 'Company' for short), had in its possession about 4000 acres of land of which more than 2000 acres was developed into plantation. According to the party respondents, the total area included 1630 acres of land, leased out by their predecessor to the Company as early as on 01.05.1910. The area that was developed by the lessee Company included portions of the leasehold area also. They say that, O.S. No.69 of 1949 was filed before the Sub Court, Thalassery, for partition of the aforesaid p