V.P. Gopalan Nambiyar, J. (For himself and on behalf of P.T. Raman Nayar, C.J.):-

This case has been placed before a Full Bench to consider the constitutional validity of S.106 of the Kerala Land Reforms Act (Act I of 1964) as repealed and re-enacted by Act 35 of 1969. The latter will be referred to, where necessary, as ‘the Act” and the former as ‘the main Act”. The main Act itself has been included in the IX Schedule of the Constitution, and is protected by Art.31-B and is therefore outside the pale of attack. Whatever we say in this judgment will therefore be applicable only to the Section as re-enacted.

2. The suit out of which this Second Appeal arises was for recovery of about 25 cents of purayidom in Kottarakara belonging in Jenm to a Namboodiri family and held thereunder by the plaintiff on a subordinate tenure. (Even if the land itself be not an estate within the meaning of Art.31-A of the Constitution the definition in clause (2) (a) (i) of the article taking in only the janmam right and not the land itself, the rights of the plaintiff and the 1st Defendant in the land would, it seems clear, be rights in an estate within the meaning of the article having regard to