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1989 Supreme(Ker) 315

U.L.BHAT, KRISHNAMOORTHY
State of Kerala – Appellant
Versus
Joseph – Respondent


Judgment :-

1. This appeal under S.8A of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (hereinafter called the Act) is by the State and the Custodian of Vested Forests, Kozhikode. The Order under challenge is in a proceeding under S.8 of the Act for a declaration that the petition schedule property, 22.99 acres of land in Sy.No.569/1/1 of Pathanamthitta Village, has not vested in the State under the Act. The proceedings were initiated by respondents 1 to 4 who were the applicants before the Forest Tribunal. According to them, the petition schedule land which forms part of a larger extent of 99 acres was a plantation belonging to Zacharia and Sons Pvt. Ltd. The company went into liquidation and the liquidator as per three documents Exts. A1 to A3 dated 11-9-1969 assigned 33.65 acres to one V.Z. Joseph, 33.15 acres to V.Z.Zacharia and 33.14 acres to Smt. Elikutty Joseph. The company had registered it as a tea estate and the estate had Tea Board registration, which was renewed in the name of the assignees. Sri.V.Z.Joseph, the assignee under Ext.A1, assigned his rights under Exts.A4 and A5 dated 29-5-1979 to one K.C. Antony and Varkey. Under Exts.A6 to A9 dated 30-4-198


















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