ASHOK BHUSHAN, J.

1. Writ Petition as well as the Writ Appeal have been heard together and are being decided by this common judgment.

2. Facts and pleadings in W.P(C) No.18339 of 2011 shall suffice in deciding the Writ Petition as well as the Writ Appeal. Parties shall be referred to as described in the Writ Petition.

3. The Cochin State had enacted “The Cochin Forest Act III of 1080 ME” (for short, “Regulation III of 1080”) for making better provision for protection and management of the forest in the Cochin State. Regulation III of 1080 was passed on 12.03.1905. As per the Regulation, the Diwan was empowered to constitute any area as reserve forest. Section 8 contemplated that, whenever it is proposed to constitute any area as reserve forest, the Diwan shall publish a Notification in the Sirkar Gazette specifying the details as mentioned under Section 8 of the Regulation. A Notification is contemplated in Section 12 specifying the limit of forest which is intended to be reserved and declare the same to be reserve forest from a date to be fixed by the said Notification. Notification dated 08.05.1909 under Section 12 of Regulation III of 1080 declared the reserve forest including Nelliyampathy block with details of boundaries mentioned therein. Several coffee estates were treated as enclosures within the State reserves and at serial No.18 of the coffee estate, Valvachan area of 507 Acres, 68 cents was also included. By a subsequent Notification dated 11.02.1933 issued under Section 12 of the Regulation III of 1080, reserve forest was declared, whereby block No.9 of Nelliyampathy, as described in the schedule, included Valvachan area of 507.68 Acres as reserve forest. A lease deed dated 19.05.1933 was executed by the Diwan of Cochin representing the Cochin Government in favour of one Cecil Ralpt Townshend Congreve Esq. of 82.45 Acres as Miraflores Estate. The lease deed contemplated that for purposes of lease, the Conservator of Forests shall be regarded as the superior authority in matters relating to the lease forest. Lease rent was also fixed. Lease was granted for purposes of cultivation of coffee, tea, cardamom and other products. Another area of 126.50 Acres was leased out on 04.09.1936 by the Conservator of Forests representing the Cochin Government in favour of persons as mentioned above on the premium and rent as fixed. The lease was again for purposes of cultivation of coffee, cardamom and other products except tea and rubber. Similarly by another lease dated 04.09.1936 93 Acres of Miraflores estate was leased out by the Conservator of Forests in favour of the persons named above on premium and rent for cultivation of coffee, cardamom and other products except tea and rubber. Another 27 Acres was leased out on 03.02.1941 by the Conservator of Forests on behalf of the Cochin Government in favour of Miraflores Estate Ltd., a company for cultivation of crops on the rent as fixed in the deed. Another lease dated 24.09.1947 an area of 157.68 Acres, namely, Valvachan Estate was leased out by the Chief Secretary to the Government on behalf of the Government in favour of K.M. Velayudh Panicker for cultivation of crops on rent as fixed in the deed. By the aforesaid 5 leases a total extent of 507.68 Acres was leased out between the period from 1933 to 1947. The lessees transferred the leased land in favour of different persons from time to time. Petitioner purchased the entire area by sale deeds bearing Nos.494, 925 and 926 dated 26.04.1994 from Rajagiri Rubber and Produce Company Ltd. covered by the above five leases. Copy of the above lease deeds have been brought on record as Exts.P1, P1(a), P1(b), P1(c) and P1 (d) whereas sale deeds have been brought on record as Ext.P2, P2(a) and P2(b). In the sale deeds the vendors claimed to be absolute owners having perpetual leasehold right of coffee and cardamom estates.

4. Sale deeds were registered on the basis of directions issued by this Court in O.P. No.3953 of 1994. Petiti