LAWS(SC)-1978-1-1

PATHUMMA K M KUNHAHAMMAD Vs. STATE OF KERALA

Decided On January 16, 1978
PATHUMMA Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) These appeals by certificate granted by the High Court of Kerala involve a common question of law containing a challenge to the constitutionality of the Kerala Agriculturists" Debt Relief Act. 1970 (Act II of 1970) (hereinafter referred to in short as the Act). The appellants have assailed particularly Sec. 20 of the Act which entitles the debtors to recover the properties sold to purchasers in execution of the decree passed in liquidating the debt owned by the agriculturists.

(2.) As the five appeals involve common questions of law we propose to decide them by one common judgment.

(3.) Section 20 of the Act was assailed before the High Court on three grounds, namely: