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2023 Supreme(Online)(KER) 4190

HIGH COURT OF KERALA
K VINOD CHANDRAN, C. JAYACHANDRAN, JJ
PANANGADAN KUNHIMOHAMMED – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
SRI.K.M.FIROZ SMT.M.SHAJNA, SRI.NAGARAJ NARAYANAN, SPL. G.P. FOR FOREST

JUDGMENT

Vinod Chandran, J.

We have here, a very peculiar case of the applicants, who sold the properties scheduled in the two applications, approaching the Forest Tribunal under S.8 of the Kerala Private Forest (Vesting and Assignment) Act, 1971 (for brevity, 'the Vesting Act'), merely for the reason that they were persons holding the property as on 10.05.1971, the appointed day under the Vesting Act. In fact their assignees had first approached the Civil Court with a suit, which was rejected for reason of the bar of jurisdiction under S.13 of the Vesting Act.

2. The assignees, one who claimed 1.50 Acres and the other who claimed 75 cents, then approached the Forest Tribunal with O.A.No.54 of 1999 under the Vesting Act. The applicants were brothers and the first applicant, who claimed 1.50 Acres, died during the course of the proceedings before the Tribunal. Supplementary applicants 3 to 7, legal representatives of the 1st applicant, were impleaded. The Tribunal rejected the claim for reason of the applicants not holding the properties as on 10.05.1971, there being no cultivation in the property nor a registered deed validating such possession, as on 10.05.1971, the last of which al

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