1. Constitutional validity of the Kerala Land Reforms (Amendment) Act, 1999 is questioned in these petitions. It is the contention of the petitioners that the above Act is unconstitutional and unenforceable. The Kerala Land Reforms Act, 1963 was exhaustively amended by Act No.35 of 1969 with effect from 1st January, 1970. Next major amendment was the Kerala Land Reforms (Amendment) Act, 1989 dated 30th May, 1989 (Act No.16 of 1989). The Kerala Land Reforms (Amendment) Act, 1999 (hereinafter referred to as 'the impugned Amendment Act') deals with the rights of karaima holders only. In the original Act, karaima was not separately defined. By Act 35 of 1969, S.2 (23A) was introduced defining 'karaima' as follows:

"(23A) 'Karaima' means a transfer of lands situate in the Kozhikode District or in the Ponnani Taluk of the Malappuram District, in consideration of ground rent, principally for the purpose of erecting a homestead, and described as karairna in the document, if any, evidencing the transfer."

A1ongwith S.2(23A), definition of 'tenant' in S.2(57) was expanded as to include holder of karaima by inserting sub-s.(hhh) to S.2(57). S.13 of the Kerala Land Reforms Act, 1963 gives right to the tenants to fixity of tenure and S.53 gives a right to the cultivating tenants who are entitled to fixity of tenure to purchase the landlord's rights and by Act No.35 of 1969 which came into force with effect from 1st January, 1970 that right of purchase was also given to holders of kudiyiruppus and holders of karaimas. S.72 provides for vesting of landlord's right in Government. From 1st January, 1970 karaima holding also vested in the Government. As per the definition of 'karaima', under the 1959 Amendment Act, only the land described in the document as Karaima which was given in consideration of ground rent principally for the purpose of erecting homestead in Kozhikode District and Ponnani Taluk in Malappuram District was included and such holding was vested with the Government with effect from January, 1970 in view of S.72 and under S.53, such karaima holders have got a right to purchase the karaima holding.

2. An explanation and proviso was added to Cl.(23A) of S.2 by Act No.16 of 1989 with effect from 30th May, 1989 giving an additional right to karaima holders to purchase the land in their possession as on 24th January, 1989 which is appurtenant to karaima land as described in the document. Explanation added by Act No.16 of 1989 is as follows:

"Explanation.- For the purpose of this clause, so much of the land appurtenant to the land under the karaima belonging to the landlord or any person claiming through him and in the possession and beneficial enjoyment of the karaima holder or his legal representative or any other person claiming through him as on the 24th day of January, 1989 shall, subject to a maximum of three cents in Corporation area, five cents in Municipal area and ten cents in Panchayat area, inclusive of the land under the karaima, be deemed to be karaima."

Even though such explanation was added, it is the contention of the petitioners that a corresponding right to purchase the appurtenant land was not mentioned in the Amendment Act of 1989. In any event, they were not able to contest that matter because 1989 Amendment Act was also included in the Ninth Schedule. Like the original Act, Act No.35 of 1969 and Act No.16 of 1989 are also included in the Ninth Schedule and those provisions are not open to challenge.

3. In the impugned Amendment Act of 1999 which was not included in the Ninth Schedule, definition of karaima' was substituted and redefined as follows:-

"(23A) 'Karaima' means a transfer of lands situate in the Kozhikode District or in the Malappuram District, in consideration of ground rent, principally for the purpose of erecting a homestead, and described in the document, if any, evidencing the transfer, as karaima or Panayapattom, Panayachit, or by whatever name called which possesses the characteristics of