- (1.) ):- A common question arises in all these cases. Are lands set apart in the estates in question for growing firewood trees such as eucalyptus corredgum to be used as fuel for the purpose of manufacturing rubber or tea in the smokehouses or factories or for the personal use of the employees in the estates excluded from the definition of 'private forests' as contained in Section 2(f)(l)(i)(B) of the Kerala Private Forests (Vesting and Assignment) Act, 1971, (Act 26 of 1971) (hereinafter referred to as 'the Act') The Kerala High Court in the three judgments, which are impugned in these appeals, held that such lands fell within the expression 'Private forest' and accordingly vested in the State in terms of the Act. The High Court rejected the contention of the appellants to the contrary.
(2.) We shall now read Section 2(f) (1)(i)(B):- "2. In this Act, unless the context otherwise requires, - (f) 'private forest' means - (1) in relation to the Malabar district referred to in sub-section (2) of Sec. 5 of the States Reorganisation Act, 1956 (Central Act 37 of 1956) - (i) any land to which the Madras Preservation of Private Forests Act, 1949 (Madras Act XXVII of 1949), applied immediately before the appointed day excluding - (B) lands which are used principally for the cultivation of tea, coffee, cocoa, rubber, cardamom or cinnamon and lands used for any purpose ancillary to the cultivation of such crops or for the preparation of the same for the market." (Emphasis supplied)
(3.) The High Court held that the lands on which firewood trees were grown for the purpose of fuel for either the smoke-houses or factories on the employees in the estates were not lands used for purposes ancillary to the cultivation of the crops or for the preparation of the same for the market so as to be excluded from the definition of 'private forests' which vested in the State.;