J.B.KOSHY, K.THANKAPPAN
Ratna Bai – Appellant
Versus
State of Kerala – Respondent
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
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