Sathish Ninan, J.

The order of the Forest Tribunal, dismissing the Original Application filed by the applicant, seeking a declaration that the application schedule property is liable to be exempted under Section 3 (3) of the Kerala Private Forests (Vesting and Assignment) Act (hereinafter referred to as 'the Vesting Act'), is under challenge in this appeal.

2. The application schedule property has an extent of

4.07 acres. The property originally belonged in Jenmom to one Sukhapuram Sabha Yogam. One Gangadhara Mannadiyar got 'Kanam' right over the property. He later assigned the property to the Thavazhi of the applicant's mother under Ext.A1 Assignment Deed. Under Ext.A2 Partition, the property was allotted to the applicant as included in ‘C’ schedule therein. According to the applicant, the land was subjected to fugitive cultivation and dry crops. Alleging obstruction on the part of the Forest Department on 28.06.2012, from enjoying the property, the Original Application was filed.

3. The Tribunal upheld the title of the applicant.

However, it was found that he