S. Abdul Nazeer, J. - (1.) This appeal is directed against the judgment in M.F.A No. 1247 of 2000 dated 18.09.2007, whereby the High Court of Kerala has allowed the appeal while setting aside the order of the Forest Tribunal dated 22.07.2000 in O.A No. 46/99 filed by the respondents under Section 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short 'KPF Act').
(2.) The respondents filed the aforesaid petition before the Forest Tribunal for a declaration that 1 acre 30 cents of land in survey No. 1293 of Ayyankunnu village, Tellichery Taluk of Kannur district (hereinafter referred to as 'schedule property'), is not a private forest as defined in the KPF Act.
(3.) By relying on a Commissioner's report in a civil case, the respondents contended that the schedule property was under cultivation when the KPF Act came into force. They further contended that the certificate of purchase has been issued in their favour by the Land Tribunal under the provisions of the Kerala Land Reforms Act, 1963. The appellants opposed the application contending that the schedule property is a private forest, vested in the State Government under the provisions of the KPF Act.;