2010 (11) TMI 967 - SC - Indian Laws

Summary

Issues Involved:
1. Vesting of private forests u/s Kerala Private Forests (Vesting and Assignment) Act, 1971.
2. Exemption of land for fuel requirements.
3. Admission of additional evidence u/s Order 41 Rule 27 of CPC.

Summary:

1. Vesting of Private Forests:
The appeals challenge the High Court of Kerala's judgment modifying the Forest Tribunal's order exempting 2588 hectares of land from the vesting provisions of the Kerala Private Forests (Vesting and Assignment) Act, 1971. The appellant, Malayalam Plantations Ltd., argued that the land was used for eucalyptus plantations and fuel requirements, while the State of Kerala contested the exemption.

2. Exemption of Land for Fuel Requirements:
The Supreme Court noted that the High Court erred in reducing the exempted land to 730.58 hectares based on the decision in Pullengode Rubber Produce Co. Ltd. The Court emphasized that the remand order required the Tribunal to determine the land needed for fuel purposes as of 10.05.1971. The Court clarified that the High Court's reliance on Pullengode Rubber Produce was misplaced.

3. Admission of Additional Evidence:
The State of Kerala filed an application for admitting additional evidence u/s Order 41 Rule 27 of CPC, which the High Court failed to consider. The Supreme Court highlighted that it is the duty of the appellate court to deal with such applications on merits. The Court reiterated that additional evidence could be admitted if it was refused by the trial court, was not available despite due diligence, or was necessary for the appellate court to pronounce judgment.

Conclusion:
The Supreme Court set aside the High Court's judgment and remanded the case back to the High Court to consider the additional evidence application and decide the appeal accordingly. The Court requested the High Court to expedite the disposal of the case, pending since 1975, within six months. The appeals were allowed to the extent indicated, with no order as to costs.