MAHAGANAPATHY DEVASWOM Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition challenges the validity of certain provisions of the Malabar Tenancy Act, 1929 (Madras Act XIV of 1930) as amended by Acts XXXIII of 1951, VII of 1954 and XXII of 1956. Chapter II of the Act deals with "Fair Rents", and the contention is that the said Chapter violates the fundamental right to acquire, hold and dispose off property guaranteed by Article 19 of the Constitution.

(2.) Part III of the Constitution deals with fundamental rights. Clause (1) of Article 3 which occurs in that Part provides :

(3.) Article 31 A of the Constitution provides an effective answer. That Article was inserted in Part III by S.4 of the Constitution (First Amendment) Act, 1951, with retrospective effect. It was subsequently amended by S.3 of the Constitution (Fourth Amendment) Act, 1955, also with retrospective effect.