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1963 Supreme(Ker) 61

C.A.VAIDIALINGAM
LEKSHMI – Appellant
Versus
NARAYANA IYER – Respondent


Judgment :-

1. The short but interesting question that arises for consideration in this writ petition is as to the effect of the striking down, as unconstitutional by this Court of the Kerala Agrarian Relations Act, 1960, Kerala Act 4 of 1961, on the repeal, effected by this Statute, of the Malabar Tenancy Act, 1929, Madras Act 14 of 1930, as amended from time to time. That depends upon the construction to be placed on Art.13 (2) of the Constitution.

2. The question arises this way. The Malabar Tenancy Act, 1929, enacted no doubt by the Madras Legislature, was in force, in what I may compendiously call the Malabar area, and also portions of the South Kanara District which became part of the Kerala State after the States Reorganisation. In fact, the preamble to the Malabar Tenancy Act itself states that it is enacted for the purpose of defining, declaring, etc., the law relating to landlord and tenant in the District of Malabar and certain neighbouring areas in the State of Madras. Under sub-section (2) of S.1, the Act extends to the whole of the District of Malabar, to the Gudalur Taluk of the Nilgiris District and to the villages in the South Kanara District specified in the schedu



















































































































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