Supreme Court of India · 2019-01-22
The State Of Kerala vs Mohammed Basheer
- Citation / case number
- AIR 2019 SUPREME COURT 2994
- Court
- Supreme Court of India
- Petitioner
- The State Of Kerala
- Respondent
- Mohammed Basheer
- Author
- S. Abdul Nazeer
- Bench
- A.K. Sikri, S. Abdul Nazeer, M.R. Shah
Judgment text excerpt
The Supreme Court upheld the High Court's decision to set aside the Forest Tribunal's order, emphasizing that the respondent had established his claim over the land under the Kerala Private Forests (Vesting and Assignment) Act, 1971, specifically Sections 3(2) and 3(3). The Court found that the respondent's continuous cultivation since 1962 and the issuance of a certificate of purchase under Section 72K of the Kerala Land Reforms Act, 1963, supported his title. The Court held that the appellant-State failed to prove that the land was a private forest at the time of vesting, thus affirming the respondent's rights to the land.