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2019 Supreme(Online)(SC) 3082

HON'BLE MS. JUSTICE INDU MALHOTRA, HON'BLE MR. JUSTICE SANJIV KHANNA
P. T. SREENARAYANAN UNNI – Appellant
Versus
STATE OF KERALA . – Respondent


Advocates:
T. G. NARAYANAN NAIRG. PRAKASH

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8168 OF 2010 P.T. Sreenarayanan Unni & Ors. …Appellants versus State of Kerala & Ors. …Respondents WITH CIVIL APPEAL NO. 8433 OF 2010

J U D G M E N T

INDU MALHOTRA, J.

1. The present Civil Appeals have been filed to challenge the final Judgment and Order dated 01.01.2008 passed by the High Court of Kerala at Ernakulam [hereinafter referred to as Signature Not Verified “the High Court”] in MFA No. 389 of 2002.

NEELAM GULATI Date: 2019.08.16 Reason:

2. The factual matrix in which the present Civil Appeals arises is briefly stated as under :

2.1. The Appellants through their Partnership Firm viz.

Maduthala Plantations, purchased 100 acres of private forest land in Survey No. 186/1A1 of Kunnathidavaka Village vide registered Sale Deed dated 15.05.1967.

2.2. In 1971, the Government of Kerala enacted the Kerala Private Forest (Vesting and Assignment) Act, 1971 [hereinafter referred to as “the Act”].

Section 3 of the Act reads as follows :–

Section 3 - Private forests vest in Government:-

(1) Notwithstanding anything contained in any other law for the time being in force, or in any contract or other document

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