The court ruled that valid title and actual personal cultivation are prerequisites for exemption from forest vesting under the Act.

J U D G M E N T

KOSHY,J.

The 1st respondent Kumudam approached the Forest Tribunal claiming that 9.708 hectors of land are not vested under the Kerala Private Forest (Vesting and Assignment) Act, 1971 and she is entitled to exemption under Sections 3(2) and 3(3) of the Act. The Forest Tribunal allowed her application under Sections 3(2) and 3(3) of the Act. Section 3(2) and 3(3)

of the Act reads as follows:

2. Nothing contained in sub-section (1) shall apply in respect of so much extent of land comprised in private forests held by an owner under his personal cultivation as is within the ceiling limit applicable to him under the Kerala Land Reforms Act, 1963 (1 of 1964) or any building or structure standing thereon or appurtenant thereto.

Explanation:- For the purpose of this sub section, 'cultivation' includes cultivation of trees or plants of any species.

M.F.A.1234/1998 2

3. Nothing contained in sub-section (1) shall apply in respect of so much extent of private forests held by an owner under a valid registered document of title executed before the appointed day and intended for cultivation by him, which together with another lands held by him to which Chapter III of the Kerala Land Reforms Act, 1963, is applicable, does not exceed the extent of the ceiling area applicable to him under Section 82 of the said Act.

It is an admitted case that land in question was originally covered by M.P.P.F. Act. Such lands are automatically vested in the Government in view of Section 3(1) with effect from 10.5.1971 unless it is exempted under Section 3(2) or Section 3 (3) of the Act. Under Section 3(2) exemption is allowed only if land is personally cultivated. Under Section 3(3) to claim exemption, intention of cultivation on the relevant date is enough but claimant must have valid title over the property.

2. Contending that the land in question was not a cultivated land and the material particulars were not placed before the Tribunal, a review petition was filed before the Tribunal under Section 8B of the Act. That petition was allowed. Present appellant filed a writ petition before this Court M.F.A.1234/1998 3 contending that said Kumudam had sold the land to them and therefore Kumudam did not contest review petition properly. This Court directed the Tribunal to hear the appellants also and to pass fresh order. Accordingly this impugned order was passed. The whole question is whether claim of Kumudam under Section 3(2) and 3(3) of the Act was correctly allowed and whether there are any grounds to review the decision under Section 8B of the Act. After the review proceedings started, a commissioner was appointed. The commissioner clearly stated in Ext.C1 report that the land in question is full of Forest trees and the disputed area is lying contiguous to other forest areas of more than 100 acres and the part of Emoor Bhagavathi Vested Forest is called Edamala. The area is not a cultivated area so as to get exemption under Section 3(2). Then the question is whether there was valid title to the property of Kumudam on the relevant date and whether she had intention to cultivate the area on the relevant date to claim exemption under Section 3 (3). Ext.A1 registration deed would not show that Kumudam had title to the property in question. The land was not cultivated area when proceedings were taken.

M.F.A.1234/1998 4 Therefore that statement that there was intention to cultivate is also not a bona fide as for long years till she sold the land to appellants or thereafter area was not cultivated. It was held as follows:

3. The Review Petition (I.A.199/85 mentioned earlier) was filed by the respondents in the O.A. Against the said Kumudam contending that the O.A. - petitioner did not prove her title and that she did not actually prove that she was not having any land in excess of the ceiling limit. It was also contended that she had not adduced any legal evidence to show that there was any attempt on her part to cultivate the land. It is stated that the