The dispute is essentially with the forest department and one of the questions involved is as to whether any portion of the plaint schedule property is a vested forest or not. The settlement of such dispute can be had only by recourse to Section 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1971. Any application put in by the appellant before the Forest Tribunal concerned within two months from today shall be dealt with on merits. The same shall be done untrammelled by any observation or finding contained in the judgment impugned.
2. The applicability of the Kerala Private Forests (Vesting and Assignment) Act, 1971 has obviously not been noticed by the courts below. It will be inequitable to grant a decree for injunction based on possession in the wake of the existing dispute of the nature referred to above.
The Regular Second Appeal is dismissed subject to the above reservation.
SD/-
V.CHITAMBARESH JUDGE /TRUE COPY/ DCS P.A. TO JUDGE