PONNAN UMBU Vs. STATE OF KERALA

JUDGEMENT

(1.) These petitions challenge the validity of S.13 of the Kerala Agriculturists' Debt Relief Act, 1970 (hereinafter referred to as the Act). This section is practically the same as S.11A of the Kerala Agriculturists' Debt Relief Act, 1958 excepting that in sub-s.(2) as well as in sub-s.(3) of S.13 it is stated that apart from the agriculturists who granted the melpattoms his successor in interest is also entitled to the benefit of the section.

(2.) Dealing with the validity of S.11A of the 1S58 Act, Raman Nayar J. delivering the judgment in the Full Bench case in Krishnan Nair & Others v. Abdul & Others ( 1964 KLT 94 ) observed thus:

(3.) The only point in addition mentioned before us by counsel appearing for the petitioners and which had not been dealt with in the judgment in Krishnan Nair & Others v. Abdu & Others (1964 KLT 94) is the suggestion that the Act impinges on the Indian Contract Act, 1872 and the Transfer of Property Act 1882 These enactments will fall under items 7 and 6 in List III of the Seventh Schedule to the Constitution which are in these terms: