COCHIN DEVASWOM BOARD Vs. C K VIJAYAN

JUDGEMENT

(1.) THE Cochin Devaswom Board constituted under the Travancore-Cochin Hindu Religious institutions Act, 1950, is the petitioner before us. THE sole question for determination is whether the application of the Devaswom Verumpattam (Settlement) Proclamation, XXIII of 1118 M. E. , has been affected by the provisions of the Kerala Land Reforms Act, 1963.

(2.) S. 132 of the Kerala Land Reforms Act, 1963, deals with repeals and savings. Sub-section (1) of that section repeals the following enactments: (1) Proclamation XVI of 1122 (Cochin), dated the 14th February 1947. (2) Proclamation VI of 1124 (Cochin)dated 12th January 1949 , (3) Kerala Ryotwari Tenants and Kudikidappukars protection Act, 1962, and (4) Kerala Tenants and Kudikidapukars Protection Act, 1963. And sub-section (2): (1) Cochin Verumpattamdars Act, VIII of 1118, (2) Travancore-Cochin Prevention of Eviction of kudikidappukars Act, 1955. (3) Malabar Tenancy Act, 1929, and (4) Madras Cultivating Tenants (Payment of Fair Rent)Act, 1956. Sub-section (4) of that section repeals the Kerala Agrarian relations Act, 1960.

(3.) THE section invoked is S. 127 of the Act. That Section reads as follows: "the provisions of this Act shall have effect notwithstanding anything in any other law or any custom or usage or in any contract, express or implied, inconsistent with the provisions of this act. "