- (1.) Special leave granted.
(2.) Heard counsel for both sides. We have perused, the relevant orders and documents germane to the disposal of these appeals .
(3.) The facts reveal that a Suit No. O.S. 22/61 was filed in the Court of the Subordinate Judge, Kozhikode, for partition and separate possession of about 32,000 acres of Private Forest Lands belonging to the Nilampur Kovilakam comprising 112 members. In that suit a preliminary decree for partition was passed and Joint Receivers were appointed by the Court for the management of the property till partition by metes and bounds was effected. However, before a final decree could be passed in the said suit the Kerala Private Forests (Vesting and Assignment) Act, 1971 came into force with effect from 10th May, 1971. Under S. 3(1) thereof, the ownership and possession of all private forests in the State of Kerala stood transferred to and vested in the Government free of all encumbrances with effect on and from the appointed day i.e. 10th May, 1971. This provision being subject to sub-secs. (2) and (3) thereof must be read conjointly with those sub-sections. Sub-sec. (2) carves out an exemption in respect of so much extent of land comprised in private forest held by an owner under his personal cultivation as is within the ceiling limit applicable to him under the Kerala Land Reforms Act, 1963 or any building or structure standing there on and pertaining thereto. The explanation to that subsection states that the expression 'cultivation' shall include cultivation of tree or plants of any species. Then comes sub-sec. (3) which reads as under: "(3). Nothing contained in sub-section(l) 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 other 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 S. 82 of the said Act. " The demarcation of the boundries has to be done by the custodian by virtue of S. 6. S. 7 contemplates the Constitution of one or more than one Tribunals for the purposes of the Act. Section 8 deals with settlement of disputes. It provides that where any dispute arises as to whether any private forest or portion thereof has vested in the Government or not, the person who claims that the land is not a private forest or that the private forest has not vested in the Government may within such period as may be prescribed apply to the Tribunal for decision of the dispute. S. 13 bars the jurisdiction of Civil Gourts. It says that no Civil Court shall have jurisdiction to decide or deal with any question or to determine any matter which is, by or under this Act, required to be decided or dealt with or to be determined by the Tribunal, the Custodian or any other officer except as otherwise provided by the Act. It will, however, be seen that an exclusive jurisdiction has been conferred on the authorities created under the Act. It is not necessary for us to determine what is the scope and ambit of the expression 'except as otherwise provided in this Act' used in S. 13 of the Act. The power to make rules is conferred by S. 17. In exercise of the said power the State Government has made rules entitled the Kerala Private Forest (Exemption from Vesting) Rules, 1974. These rules have come into force w.e.f. 23rd April, 1974. Rule 3 thereof refers to S. 3 of the Principal Act. It provides that where any other claims exemption in respect of any land held by him from the provisions of sub-sec. (1) of S. 3, on the ground that (a) such land is under his personal cultivation and is within the ceiling limit or (b) such land is held under a valid document of title executed before 10th May, 1971 and is intended for cultivation by him which together with other 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, he shall on or before 25th August, 1974, apply-to the custodian in Form 1 specifying the land in respect of which he claims exemption. Rule 4 makes the production of the certificate from the Tehsildar along with the application in Form No. 1 obligatory. Rule 5 postulates that any owner who produces a certificate under Rule 4 shall also file an affidavit in Form No. 3. After these formalities are completed, the custodian has to make a declaration under R. 6 that the said lands have not vested in the Government under sub-sec. (1) of S. 3, and communicate a copy thereof to the applicant. These. in brief, are the relevant provisions bearing on the question arising for consideration in these appeals.;