Balakrishna Eradi, J. - (1.) After hearing Counsel appearing on both sides we do not find any merit in this appeal and the Special Leave Petitions.
(2.) The sole question raised before us in the appeal concerns the interpretation of S. 7D of the Kerala Land Reforms Act, 1963 - Act 1 of 1964 - as amended by Act 35 of 1969. That Section reads - "7D. Certain persons occupying private forests or unsurveyed lands to be deemed tenants. - Notwithstanding anything to the contrary contained in Section 52 or any other provision of the Transfer of Property Act, 1882, or any other law, or in any contract, custom or usage, or in any judgment, decree or order of Court, any person in occupation at the commencement of the Kerala Land Reforms (Amendment) Act, 1969, of the land of another situate in Malabar, to which the provisions of the Madras Preservation of Private Forests Act, 1949 (XXVII of 1949), were applicable on the 11th day of April, 1955 or which was unsurveyed on that date, shall be deemed to be a tenant if he or his predecessor-in-interest was continuously in occupation of such land for not less than two years within a period of twelve years immediately preceding the 11th day of April, 1967."
(3.) The High Court has taken the view that the benefit of the above section would apply only to persons whose occupation of the private forests or unsurveyed lands had a lawful origin and not to persons in unlawful occupation based on trespass or forcible and unlawful entry. We are of opinion that the said interpretation placed by the High Court on the section is perfectly correct.;