HAMZA HAJI Vs. STATE OF KERALA
LAWS(SC)-2006-8-88
SUPREME COURT OF INDIA
Decided on August 18,2006

HAMZA HAJI Appellant
VERSUS
STATE OF KERALA Respondents


Referred Judgements :-

HIP FOONG HONG V. H.NEOTIA AND COMPANY [REFERRED TO]
KINCH V. WALCOTT [REFERRED TO]
RAM PREETI YADAV V. U.P. BOARD OF HIGH SCHOOL AND INTERMEDIATE EDUCATION AND OTHERS [REFERRED TO]
GUDDAPPA CHIKKAPPA KURBAR AND ANOTHER V. BALAJI RAMJI DANGE [REFERRED TO]
REX V. RECORDER OF LEICESTER [REFERRED TO]
S P CHENGALVARAYA NAIDU VS. JAGANNATH [REFERRED TO]
ASHOK NAGAR WELFARE ASSOCIATION VS. R K SHARMA [REFERRED TO]
STATE OF A P VS. T SURYACHANDRA RAO [REFERRED TO]
BHAURAO DAGDU PARALKAR VS. STATE OF MAHARASHTRA [REFERRED TO]



Cited Judgements :-

TELU RAM AND ORS. VS. DERA BABA GURU BRAHMA NAND AND ORS. [LAWS(P&H)-2016-2-91] [REFERRED TO]
RAJKUMARI AMRIT KAUR VS. MAHARANI DEEPINDER KAUR [LAWS(P&H)-2020-6-10] [REFERRED TO]
PRITPAL SINGH ANEJA AND ORS. VS. MICROTEK INFRASTRUCTURES PVT. LTD. AND ORS. [LAWS(P&H)-2019-9-415] [REFERRED TO]
SAROJ RANI VS. RULIA RAM [LAWS(P&H)-2019-4-283] [REFERRED TO]
SMRITI MADAN KANSAGRA VS. PERRY KANSAGRA [LAWS(SC)-2021-10-32] [REFERRED TO]
RAMNIVAS SHARMA VS. DINESH SHARMA [LAWS(MPH)-2010-10-18] [REFERRED TO]
B C BIYANI PROJECTS PVT LTD VS. SSANGYONG ENGINEERING CONSTRUCTIONS COMPANY LTD [LAWS(MPH)-2009-12-37] [REFERRED TO]
OM PARKASH & ORS VS. JASBIR & ANR [LAWS(P&H)-2013-11-532] [REFERRED]
J.N. Sukumar VS. State of Karnataka, Special Deputy Commissioner, Bangalore, The Special Land Acquisition Officer and M/s. NTI Employees Housing Co-Operative Society Limited [LAWS(KAR)-2013-3-199] [REFERRED TO]
RAYMOND FRANCIS VS. RAYMOND [LAWS(KER)-2023-8-204] [REFERRED TO]
SUGIRTHAM RAJAGOPAL VS. G PALANI [LAWS(MAD)-2015-4-241] [REFERRED TO]
MAAN SAROVAR PARAS BUILDERS PVT. LTD VS. GOPALDAS DWARAKADAS FAMILY TRUST ESTATE [LAWS(MAD)-2012-9-110] [REFERRED TO]
ARULMIGU MEENAKSHI SUNDARESWARAR VS. E M G SOUNDARAJAN [LAWS(MAD)-2014-12-73] [REFERRED TO]
YENGKHOM JIVAN SINGH VS. MANIPUR PUBLIC SERVICE COMMISSION [LAWS(MANIP)-2020-12-20] [REFERRED TO]
AAPICO HITECH PUBLIC COMPANY LIMITED VS. SAKTHI AUTO COMPONENT LIMITED [LAWS(MAD)-2023-2-193] [REFERRED TO]
STATE OF GUJARAT VS. ANJANABEN SURESHBHAI JOSHI [LAWS(GJH)-2023-8-576] [REFERRED TO]
MAHARASHTRA HOUSING AND REA DEVELOPMENT AUTHORITY VS. MAHESH JAGGUMAL SACCHANI [LAWS(BOM)-2007-6-171] [REFERRED TO]
MAIBAM SOMORENDRO MEETEI VS. MANIPUR UNIVERSITY [LAWS(GAU)-2011-4-17] [REFERRED TO]
BASHEERUNNISA BEGUM VS. MEER FAZEELATH HUSSAINI [LAWS(APH)-2014-1-102] [REFERRED TO]
BAGH AMBERPET WELFARE SOCIETY VS. STATE OF A.P. [LAWS(APH)-2014-8-42] [REFERRED TO]
C.S. RATHOUR VS. PREM PAL JANGARA [LAWS(DLH)-2011-8-493] [REFERRED TO]
NARENDRA KUMAR UPADHYAY VS. STATE OF U. P. [LAWS(ALL)-2021-10-141] [REFERRED TO]
SHER MOHD. KHAN VS. MADAN LAL AND ANOTHER [LAWS(P&H)-2011-8-79] [REFERRED TO]
HARDWAI & OTHERS VS. MUKHRAM & OTHERS [LAWS(P&H)-2012-2-518] [REFERRED TO]
STATE OF ORISSA VS. RAMESH CHANDRA SWAIN [LAWS(ORI)-2021-4-9] [REFERRED TO]
SUJATA MAHANTA VS. COLLECTOR CUM CHIEF EXECUTIVE ZILLA PARISHAD [LAWS(ORI)-2024-2-87] [REFERRED TO]
ASHOK KUMAR AGRAWAL VS. STATE OF JHARKHAND [LAWS(JHAR)-2008-4-8] [REFERRED TO]
GWALIOR DEVELOPMENT AUTHORITY VS. NEHRU GRIH NIRMAN SAHAKARI SAMITI LIMITED [LAWS(MPH)-2017-10-232] [REFERRED TO]
VIKRAM DUTT VS. SARABJIT SINGH [LAWS(P&H)-2019-12-75] [REFERRED TO]
POONAM SHARMA VS. UNION OF INDIA [LAWS(DLH)-2011-3-325] [REFERRED TO]
VIPPANAPALLY RADHA VS. BRINDAVAN EDUCATIONAL SOCIETY [LAWS(APH)-2011-11-113] [REFERRED TO]
PENCHALAPATI ANAKAMPALLI HANUMANTHA REDDY VS. P SANJEEVA REDDY [LAWS(APH)-2007-12-75] [REFERRED TO]
AMARJIT KAUR VS. SATNAM KAUR [LAWS(DLH)-2008-12-16] [REFERRED TO]
THE CORPORATION OF CITY OF GULBARGA VS. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVT., ASST. DIRECTOR OF LAND RECORDS AND DODDAPPA [LAWS(KAR)-2012-8-631] [REFERRED TO]
PARMESHWARI DEVI RUIA VS. KRISHNAKUMAR NATHMAL MURARKA [LAWS(BOM)-2007-8-22] [REFERRED TO]
MAH HOUSING AND AREA DEVELOPMENT AUTHORITY VS. MAHESH JAGGUMAL SACCHANI [LAWS(BOM)-2007-8-276] [REFERRED]
DY COMMISSIONER OF POLICE VS. STATE OF GUJARAT [LAWS(GJH)-2009-8-191] [REFERRED TO]
KARIYILAN CHERIYA, PUNNAKKALTHARA VS. JOSELINE [LAWS(KER)-2014-4-105] [REFERRED TO]
KAMAR MOHAMMED KHAN VS. BEGUM SABIHA SULTAN AND ORS. [LAWS(MPH)-2015-9-42] [REFERRED TO]
AKHTAR UN NISA VS. REHAN AHMED [LAWS(RAJ)-2014-3-44] [REFERRED TO]
UNION OF INDIA THROUGH THE GENERAL MANAGER, EASTERN CENTRAL RAILWAY, HAJIPUR VS. UMA [LAWS(PAT)-2010-3-317] [REFERRED TO]
PATINHARE PURAYIL NABEESUMMA VS. MINIYATAN ZACHARIAS [LAWS(SC)-2008-2-62] [REFERRED TO]
KRISHAN VS. UNION OF INDIA [LAWS(SC)-2014-9-75] [REFERRED TO]
A. KRISHNAN VS. STATE OF TAMILNADU AND ORS. [LAWS(MAD)-2015-8-75] [REFERRED TO]
NGULZATHANG NEIHSIAL VS. STATE OF MANIPUR [LAWS(MANIP)-2022-5-24] [REFERRED TO]
NATIONAL PROJECTS CONSTRUCTION CORPORATION VS. ROYAL CONSTRUCTION CO. PVT. LTD. [LAWS(DLH)-2017-10-139] [REFERRED TO]
AMBIKA PRASAD MODI VS. ROADCO INDIA PRIVET LTD [LAWS(CAL)-2009-3-74] [REFERRED TO]
KHEM SINGH VS. RAKESH ARORA [LAWS(DLH)-2015-11-529] [REFERRED]
K P GOPALAKRISHNAN NAIR VS. TAHSILDAR AND EXECUTIVE MAGISTRATE [LAWS(KER)-2011-2-196] [REFERRED TO]
K. FAIZEL VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-5-87] [REFERRED TO]
SANGEETA VS. STATE [LAWS(DLH)-2011-2-356] [REFERRED TO]
STATE OF RAJASTHAN AND ORS. VS. GHANCHI MAHASABHA [LAWS(RAJ)-2015-5-87] [REFERRED TO]
DURGA PRASAD AGARWALLA VS. BINOYENDRANATH BANERJEE [LAWS(ORI)-2013-10-15] [REFERRED TO]
BALDEV SINGH VS. VIKAS SETHI [LAWS(P&H)-2019-5-351] [REFERRED TO]
MANOHAR CHATLANI ALIAS MANU VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(KAR)-2008-2-13] [REFERRED TO]
DARSHAN SINGH VS. KULWANT KAUR & OTHERS [LAWS(P&H)-2012-1-527] [REFERRED]
BADAMI VS. BHALI [LAWS(SC)-2012-5-67] [REFERRED TO]
SARDAR BASANT SINGH KALSI VS. STATE OF M.P AND OTHERS [LAWS(MPH)-2018-2-548] [REFERRED TO]
ETHOPIAN AIRLINES VS. NAVEEN SINGH GREWAL [LAWS(NCD)-2009-4-29] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. RAVINDER KUMAR [LAWS(HPH)-2011-4-205] [REFERRED TO]
RAMACHANDRAN NAIR VS. MADHAVIKUTTY AMMA [LAWS(KER)-2010-7-77] [REFERRED TO]
KAMLABEN PUNJABHAI SOLANKI DAUGHTER OF DECEASED PUNJABHAI VS. TENSILE STEEL LTD. [LAWS(GJH)-2013-2-133] [REFERRED TO]
PINKI KUMARI VS. STATE OF JHARKHAND [LAWS(JHAR)-2019-8-114] [REFERRED TO]
MOHAN ALIAS GANGADHARRAO SIRSAT VS. COLLECTOR BEED [LAWS(BOM)-2009-11-117] [REFERRED TO]
SAMIR SARKAR VS. STP AND OTHERS [LAWS(CAL)-2009-3-122] [REFERRED TO]
PURNENDU BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-5-56] [REFERRED TO]
POYIL SALIM VS. THAZHE KANDOTH MARIYAM [LAWS(KER)-2024-1-102] [REFERRED TO]
SIVASANKARAN VS. UNNIKRISHNAN [LAWS(KER)-2024-3-7] [REFERRED TO]
HARDEEP KAUR VS. RAVINDER SINGH [LAWS(P&H)-2010-8-39] [REFERRED TO]
INDIA HOUSEHOLD AND HEALTHCARE LTD VS. L G HOUSEHOLD AND HEALTHCARE LTD [LAWS(SC)-2007-3-117] [REFERRED TO]
K. Karehanumaiah S/o Late Thammayanna and others etc. etc. VS. Government of Karnataka Industries and Commerce Department rep. by its Principal Secretary and others etc. etc. [LAWS(KAR)-2010-2-141] [REFERRED TO]
CONSIM INFO PVT. LTD VS. GOOGLE INDIA PVT. LTD [LAWS(MAD)-2012-9-46] [REFERRED TO]
UMA VS. SALEM SOWDAMBIGA FINANCE [LAWS(MAD)-2008-12-326] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. GOVERNMENT OF KERALA [LAWS(KER)-2011-6-75] [REFERRED TO]
STATE OF JHARKHAND THROUGH CHIEF SECRETARY VS. BRAJNESH CHANDRA VIDYARTHI [LAWS(JHAR)-2013-10-12] [REFERRED TO]
SATISH KUMAR MODI VS. STATE [LAWS(DLH)-2014-1-90] [REFERRED TO]
PUNEET SIKAND VS. GNCTD [LAWS(DLH)-2014-4-68] [REFERRED TO]
ASHOK ROY VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-5-55] [REFERRED TO]
NABANITA DAS NEE MAITY VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-5-91] [REFERRED TO]
IN RE: SRI V. SATYANARAYANA RAO S/O. SRI V.C. RAO VS. STATE [LAWS(APH)-2007-10-119] [REFERRED TO]
K RAMA RAO VS. M A BARI AND B SHYMASUNDARA RAO [LAWS(APH)-2007-8-13] [REFERRED TO]
KASANI GNANESHWAR VS. JOINT COLLECTOR, MEDCHAL-MALKAJGIRI DISTRAICT & OR [LAWS(APH)-2018-4-2] [REFERRED TO]
IQBAL KHAN VS. STATE OF U.P. [LAWS(ALL)-2022-4-66] [REFERRED TO]
RAVI SHARMA VS. SANJIV KUMAR JAIN AND ORS. [LAWS(P&H)-2007-8-158] [REFERRED TO]
MANISH TANDON VS. ANKITA BHUTANI AND ANOTHER [LAWS(P&H)-2018-5-324] [REFERRED TO]
JAGJIT SINGH VS. STATE OF PUNJAB & ANR [LAWS(P&H)-2013-2-541] [REFERRED]
PREM SINGH AND ORS. VS. PURAN SINGH AND ORS. [LAWS(P&H)-2010-8-188] [REFERRED TO]
VODAFONE INDIA SERVICES PRIVATE LTD. VS. ASSISTANT COMMISSIONER OF INCOME TAX [LAWS(IT)-2014-12-25] [REFERRED TO]
NARAYANAN VS. KERALA PUBLIC SERVICE COMMISSION [LAWS(KER)-2022-10-281] [REFERRED TO]
GOURIMANI AND ORS. VS. NARAYAN TRIPATHY AND ORS. [LAWS(ORI)-2015-10-34] [REFERRED TO]
URDU EDUCATION ASSOCIATION VS. DEPUTY DIRECTOR OF EDUCATION [LAWS(BOM)-2011-3-161] [REFERRED TO]
S ANJAIAH VS. VINAY KUMAR [LAWS(APH)-2007-10-74] [REFERRED TO]
TANVEER AHMAD KHAN AND 3 OTHERS VS. STATE OF U P THRU SECY AND 3 OTHERS [LAWS(ALL)-2017-1-453] [REFERRED TO]
AMAN KUMARAMAN AGRAWAL VS. STATE OF U.P. [LAWS(ALL)-2023-1-201] [REFERRED TO]
ANGELO BROTHERS LTD. VS. BENNETT, COLEMAN & CO. LTD. [LAWS(CAL)-2017-5-23] [REFERRED TO]
RAJU BANSILAL RASEDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-12-87] [REFERRED TO]
SARABJIT SINGH VS. GURPAL KAUR [LAWS(DLH)-2012-7-590] [REFERRED TO]
SYED ZAKIR ALI JAWAR ALI VS. SYED ZAHID ALI JAWAR ALI [LAWS(BOM)-2007-7-127] [REFERRED TO]
K KAREHANUMAIAH VS. GOVERNMENT OF KARNATAKA INDUSTRIES AND COMMERCE [LAWS(KAR)-2010-2-26] [REFERRED TO]
SHANTHILAL BABULAL JAIN VS. NARON ABUBACKER KASAM [LAWS(KER)-2010-6-18] [REFERRED TO]
JANKI VS. CENTRAL COALFIELDS LIMITED [LAWS(JHAR)-2022-2-68] [REFERRED TO]
K SHANTHI VS. P SUKUMARAN [LAWS(MAD)-2007-7-373] [REFERRED TO]
KANNAN KARUPPUSAMY VS. CHIEF COMMISSIONER OF CUSTOMS, [LAWS(MAD)-2011-3-893] [REFERRED TO]
RAJENDRAN THANGAM VS. CHIEF COMMISSIONER OF CUSTOMS CHENNAI [LAWS(MAD)-2011-3-678] [REFERRED TO]
STERLITE TECHNOLOGIES LTD VS. DHAR INDUSTRIES [LAWS(MPH)-2013-4-155] [REFERRED TO]
SUBRATA CHOWDHURY VS. AMARESH CHANDRA DEBNATH [LAWS(TRIP)-2022-4-8] [REFERRED TO]
CHELLADURAI VS. SUDALAIMUTHU [LAWS(MAD)-2020-9-929] [REFERRED TO]
SHARDA EDUCATION TRUST VS. APPELLATE AUTHORITY AND ORS [LAWS(GJH)-2014-1-209] [REFERRED TO]
MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY VS. MAHESH JAGGUMAL SACCHANI [LAWS(BOM)-2007-4-313] [REFERRED]
ARJANBHAI LAKHABHAI BARAIYA VS. STATE OF GUJARAT [LAWS(GJH)-2023-9-50] [REFERRED TO]
INSTITUTE OF HUMAN BEHAVIOUR AND ALLIED SCIENCES VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2012-3-143] [REFERRED TO]
ARUNACHALAM MUTHU VS. STATE BANK OF INDIA [LAWS(ALL)-2009-5-282] [REFERRED TO]
COMMITTEE OF MANAGEMENT SURJO BAI BALIKA INTER COLLEGE HATHRAS VS. DIRECTOR OF EDUCATION U P PARK ROAD LUCKNOW [LAWS(ALL)-2007-2-237] [REFERRED TO]
KISHAN LAL BARWA VS. SHARDA SAHARAN AND ORS. [LAWS(ALL)-2015-2-174] [REFERRED TO]
SURESH KUMAR RANGTA VS. ROADCO INDIA PVT LTD [LAWS(CAL)-2010-6-4] [REFERRED TO]
ARUN PRAKASH AND ORS VS. PRAKASH AZAD [LAWS(ALL)-2009-9-294] [REFERRED]
JITEN BHALLA VS. GAYATRI BAJAJ [LAWS(DLH)-2008-9-223] [REFERRED TO]
SPICE COMMUNICATIONS LIMITED VS. STATE [LAWS(DLH)-2011-7-8] [REFERRED TO]
SUNITA DEVENDRA DESHPRABHU VS. SITADEVI DESHPRABHU & ORS. [LAWS(BOM)-2016-10-99] [REFERRED TO]
S DEEPAK VS. D ANITHA [LAWS(MAD)-2010-8-163] [REFERRED TO]
VIDHYADHAR SUNDA VS. STATE AND ORS. [LAWS(RAJ)-2015-5-186] [REFERRED TO]
HAITI SINGH AND ANR. VS. RAKESH KUMAR AND ORS. [LAWS(P&H)-2010-9-293] [REFERRED TO]
MUTHIAN SIVATHANU VS. THE HOME SECRETARY, GOVERNMENT OF TAMIL NADU AND ORS. [LAWS(MAD)-2014-11-519] [REFERRED TO]
STATE OF KARNATAKA AND ANOTHER VS. ANAND INVESTMENT PRIVATE LIMITED, MUMBAI AND ANOTHER [LAWS(KAR)-2018-1-176] [REFERRED TO]
SHIVADARSHAN BALSE VS. THE STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2017-2-177] [REFERRED TO]
VIDYA SAGAR VS. MAM CHAND [LAWS(P&H)-2009-8-151] [REFERRED TO]
SHAHNAZ PARVEEN VS. STATE OF J&K [LAWS(J&K)-2012-9-7] [REFERRED TO]
SATYA PAL ANAND VS. STATE OF M.P. & ORS. [LAWS(SC)-2016-10-47] [REFERRED TO]
Mahajan Medical Systems Pvt. Ltd., rep. by its Managing Director Smt. Rita Mahajan VS. Sri K.N. Sudeendra, S/o Narayana Rao [LAWS(KAR)-2010-3-171] [REFERRED TO]
AYYAPPANKUTTY EZHUTHASSAN VS. STATE OF KERALA [LAWS(KER)-2023-2-155] [REFERRED TO]
IDEA CELLULAR LIMITED VS. UNION OF INDIA [LAWS(DLH)-2012-7-210] [REFERRED TO]
DEPUTY INSPECTOR OF SCHOOLS VS. KHALILUR RAHMAN BORBHUIYA [LAWS(GAU)-2010-4-49] [REFERRED TO]
TAMMANA RAJASEKHAR VS. PALAKURTHI KANYAKA PARAMESWRI [LAWS(APH)-2007-3-95] [REFERRED TO]
RANJIT SHARMA VS. GENERAL MANAGER PERSONNEL SERVICES UCO BANK [LAWS(ALL)-2014-8-282] [REFERRED TO]
ARVIND KUMAR YADAV VS. UPPER MUKHYA ADHIKARI, ZILA PANCHAYAT [LAWS(ALL)-2014-9-378] [REFERRED TO]
BENOY KRISHNA CHOWDHURY VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-2-88] [REFERRED TO]
BIMAL BARMAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-12-2] [REFERRED TO]
TENDRIL FINANCIAL SERVICES PVT LTD & ORS VS. NAMEDI LEASING & FINANCE LTD & ORS [LAWS(DLH)-2018-4-24] [REFERRED TO]
EAST END APARTMENTS COOPERATIVE GROUP HOUSING SOCIETY VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2008-11-188] [REFERRED TO]
PUNJAB BEARING TRADERS VS. MOHAMMAD JAMEEL KHAN LODHI [LAWS(DLH)-2011-11-211] [REFERRED TO]
SADANAND AND 2 ORS VS. RAM RATI (SINCE DECEASED) AND 2 ORS [LAWS(ALL)-2017-12-279] [REFERRED TO]
CHANDRIKA MENON VS. STATE OF KERALA [LAWS(KER)-2008-3-54] [REFERRED TO]
TIKMMU DEVI VS. N H P C [LAWS(HPH)-2011-6-12] [REFERRED TO]
AERENS GOLD SOUK INTERNATIONAL LTD VS. M/S PARTHAS TEXTILES [LAWS(KER)-2011-12-23] [REFERRED TO]
PARDEEP KUMAR VS. ASHWANI KUMAR [LAWS(HPH)-2019-11-216] [REFERRED TO]
BIHARIDAN JIVABHAI GADHVI, IPS VS. STATE OF GUJARAT [LAWS(GJH)-2021-6-349] [REFERRED TO]
P.V. KUNHIRAMAN S/O. AMMALU AMMA VS. CUSTODIAN VESTED FOREST PALAKKAD & ORS. [LAWS(KER)-2018-2-311] [REFERRED TO]
GYAN DEV SADH VS. PARMESHWAR EXPORTS (P.) LTD. [LAWS(CL)-2011-10-3] [REFERRED TO]
BARODA RAYON EMPLOYEES EKTA UNION VS. BARODA RAYON CORPORATION LTD [LAWS(GJH)-2015-5-57] [REFERRED TO]


JUDGEMENT

P. K. Balasubramanyan, J. - (1.)Leave granted.
(2.)In the year 1968, the appellant herein claims to have purchased an extent of 22.25 hectares of land blocked in Survey No.2157 in Palakkayam Village, Mannarghat Taluk. The deed was accompanied by a sketch showing the property conveyed. It is seen that the appellant disposed of almost the entire property by way of assignments mostly in the years 1971 and 1972 and by way of a gift of 5 acres to his brother. Thus, he was left with no property allegedly acquired under the sale deed No. 2685 of 1968 of the Mannarghat Sub Registry.
(3.)On 10.5.1971, The Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short "the Act") came into force. In the year 1979, the appellant filed an application, O.A. No.247 of 1979, before the Forest Tribunal, Manjeri, under Section 8 of the Act seeking a declaration that the application scheduled property was not a private forest liable to be vested in the Government. He scheduled 8.10 hectares equivalent to 20 acres in Sy. No. 2157, Agali Village, Mannarghat Taluk in the application. He claimed exemption under Section 3(2) of the Act and in the alternative, claimed that even if the land was private forest, the same was held by him as owner under his personal cultivation and with intent to cultivate and that it is within the ceiling limit applicable to him under the Kerala Land Reforms Act and hence the same may be declared to be exempt from vesting under Section 3(3) of the Act. Through the forest authorities, the State of Kerala filed objections to the original application. It was contended that the land was private forest; that the Madras Preservation of Private Forests Act applied to the same; and it continued to be a forest under the Act and hence the prayer under Section 3(2) of the Act was unsustainable. The claim under Section 3(3) of the Act was also opposed on the plea that the appellant had no valid title to the land, that it was not cultivated and that the appellant had no intention to cultivate the same. By order dated 17.12.1980, the Forest Tribunal held that the land was forest to which the Madras Preservation of Private Forests Act applied immediately prior to 10.5.1971, the appointed day and it continued to be forest under the Act. The Tribunal accepted the evidence of the officer examined on behalf of the State to find that the area was full of forest tree growth. Thus, the claim of the appellant under Section 3(2) of the Act was negatived. The claim of the appellant was upheld by the Tribunal under Section 3(3) of the Act by rejecting the plea of absence of title in the appellant based on a pending litigation as set up by the State. It upheld the title and possession of the appellant as per the deed of purchase, Document No. 2685 of 1968 put forward by him. It held that the extent claimed did not exceed the extent of ceiling area applicable to the appellant under Section 82 of the Kerala Land Reforms Act. It, therefore, excluded the 20 acres scheduled to the application and declared it as not vested in view of Section 3(3) of the Act. The State filed an appeal, MFA No.328 of 1981, against the said decision in the High Court under Section 8A of the Act. The High Court, on 8.3.1983, dismissed the appeal at the stage of admission on the ground that a specific ground of challenge to the finding based on Section 3(3) of the Act had not been raised in the memorandum of appeal. The order of the Forest Tribunal in that sense became final.


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