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CaseMinister › Judgments › Supreme Court › 1972 › Kunjukutty Sahib Etc. Etc. v. State of Kerala & Anr.

Kunjukutty Sahib Etc. Etc. v. State of Kerala & Anr.

Supreme Court of India · 26 April 1972 · [1973] 1 S.C.R. 326

Court
Supreme Court of India
Decided
26 April 1972
Reported as
[1973] 1 S.C.R. 326
Result
Dismissed
Bench
Sikri, S.M. (Cj), Shelat, J.M., Dua, I.D., Khanna, Hans Raj, Mitter, G.K.
Length
22 pages
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PETITIONER:
KUNJUKUTTY SAHIB ETC. ETC.
Vs.
RESPONDENT:
STATE OF KERALA & ANR.
DATE OF JUDGMENT26/04/1972
BENCH:
DUA, I.D.
MITTER, G.K.
SIKRI, S.M. (CJ)
SHELAT, J.M.
KHANNA, HANS RAJ
CITATION:
1972 AIR 2097 1973 SCR (1) 326
1972 SCC (2) 364

ACT

Kerala Land Reforms Act 1963 (Act 1 of 1964) as amended by the Kerala Land Reforms (Amendment) Act 1969-Amending Act not put in 9th Schedule to the Constitution-Whether protected by Art. 31-A of Constitution-Validity of s. 73 providing for liquidation of arrears of rent-Such arrears whether interest in land-Whether ’estate’ within meaning of Art. 31-A-Validity of s. 45-A, and of explanation to s. 85(1)-Reduction of ceiling limit under Act-Land above new ceiling but under original ceiling acquired without payment of market value compensation-Validity-Rights given to Kudikidappukars-Validiy of-Rights of landlords vis-a-vis the tenant, such as quarrying rights, whether vest in Government under s. 72.

HEADNOTE

The Kerala Land Reforms Act, 1963 (Act 1 of 1964) as originally enacted was specified in the Ninth Schedule to the Constitution and was thus protected under Art. 31-B of the Constitution., However the subsequent amending act namely the Kerala Land Reforms (Amendment) Act.1969, was not placed in the Ninth Schedule. The validity of the Act as amended was challenged in the High Court in the writ petitions out of which the present appeals arose. The State relied on Art. 31-A of the Constitution. The High Court help some of the provisions of the Act to be unconstitutional. In appeal by the State and by some of the writ petitioners the questions that fell for determination by this Court were : (i) whether arrears of rent being a charge on the interest of the tenant under s. 42 of the Act constituted an interest in land within the meaning of the word ’estate’ as defined in s. 31-A, and consequently whether s. 73; of the Act which provided for the liquidation of arrears of rent was protected by Art. 31-A although held violative of Art. 19(1) (f) of the Constitution by the High Court; (ii) whether s. 45-A of the Act was valid it being conceded by the parties that its validity depended on that of s. 73: (iii) whether the explanation to s. 85(1) of the Act was violative of the second proviso to Art. 31-A (1); (iv) whether the amended Act when it reduced the ceiling limit and required surrender of the land held in excess of the limit fixed by the amended Act, without payment of compensation at market value, violated the constitutional inhibition contained in the second proviso to Art. 31-A(1); (v) whether the High Court after striking down s. 50-A(2) of the Act was justified in adding the rider that the finding would not affect the vesting of the landlord’s rights in the Government if they had so vested under s. 72; (vi) whether the rights given to the Kudikidappukars under the Act were a measure of agrarian reform even though the definition of ’Kudikidappukaran’ in s. 2(25) of the Act was not confined to agricultural labourers: and (vii) whether the extinguishment or modification of land-lord’s rights vis-avis the tenant would also be within the ambit of Art. 31-A of the Constitution. HELD:(i) The argument that arrears of interest is a charge on the estate and, being, therefore a right in land, can be extinguished as an estate was unacceptable on the language of the impugned statutory provisions. The liability to pay arrears of rent under the impugned Act, assuming the charge created by s. 42 is an interest in land, is not a 32 7 right in land; besides the liability being also a personal liability it would clearly amount to a debt, Acquisition or extinguishment of such a personal liability for payment of money cannot be covered by Art. 31-A, That money cannot be acquired is clear from the majority view of this Court’s decision in Kameshwar Singh’s case. Looking at the table incorporated in s. 73 it is obvious that the amount of rent to be paid for getting discharge of the whole debt has been arbitrarily fixed and does not seem to be founded on any rational, logical or just basis. [337 E--F] The amelioration of indebtedness of tenants is a laudable and desirable object. But the person to whom the arrears of rent are due to also entitled to seek protection of his legitimate right and if the acquisition of arrears of rent is outside the protection of Art. 31-A then the provisions cannot but be held invalid. It prima facie partakes of the character of forfeiture of confiscation of the discharged arrears. Art 39 of the Constitution to which reference was made can be implemented by other permissible means without violation or abridging the just and legitimate rights of those to whom the arrears of rents are clue. Section 73 was, therefore, rightly struck down by the majority opinion, [337 H-338 B] Pritam Singh Chahil v. Stale of Punjab, [1967] 2 S.C.R. 536, State of Gujarat v. Jetawat Lalsingh Amarsingh & Ors., A.I.R. 1969 S.C. 270, M. K. Subbachariar v, The State of Madras, I.L.R. [1967] 2 Mad. 646, Ranjit Singh v. State of Punjab, [1966] 1 S.C.R. 82, State of Bihar v. Umesh Jha, [1962] 2 S.C.R. 687, State of Bihar v. Maharadhiraja Sir Kaineshwar Singh of Darbhanga, [1952] S.C.R. 889 at 1000- 1002, K. K. Kochunni v. State of Madras, [1963] 3 S.C.R. 887 and Khajamian Wakf Estates v. The State of Madras, A.I.R. 1971 S.C. 161, referred to. (ii)On the above finding s. 45-A which broadly speaking provides that rent received after May 19, 1967 but before the commencement of the amendment Act of 1969, and appropriated towards arrears of rent for the period prior to May 1, 1966 shall be adjusted towards rent accrued due for period after May 1, 1966, must also be struck down as unconstitutional. [338 B-C] (iii) Theexplanation to s. 85(1) was rightly struck down by the" High Court. It is clear that by virtue of the second proviso to Art. 31-A(1) landwithin the ceiling limit is expressly protected against acquisition by the State unless the law relating to such acquisition provides for compensation which is not less than its market value. No attempt was made to take the impugned explanation out of this constitutional limitation. [340 F--G] (iv)Prior to the amendment undoubtedly no land within the personal cultivation of the holder under the unamended Act within the ceiling limit fixed thereby could be acquired without payment of compensation according to market value, but once the ceiling limit was changed by the amended Act the second proviso to Art, 31-A(1) must be held to refer only to the new ceiling limit fixed by the amended Act. The ceiling limit originally fixed ceased to exist for future the moment it was replaced by the amended Act. The prohibition contained in the second proviso operates, only within the ceiling limit fixed under the existing law, at the given time. It is true that the new ceiling limit was fixed contemporaneously with the acquisition of the land in excess of the ceiling limit. But it was not contended that a law so fixing the ceiling limit and acquiring theland in excess would offend any,provision of he Constitution. [341 C-E] (v)The High Court while holding s. 50-A,(2) invalid should not have added the rider that the finding would not affect the vesting of the land- 328 lord’s rights in the Government if they had so vested under s. 72. In none, of these cases artthem facts and circumstances on which the rider could operate. The precise point covered by the rider directly arises for determination in a numb& of other cases pending before the High Court. Expression of OPinion on the rider was not necessary for giving relief to the parties approaching the High Court in these cases, The question must, therefore, be left open to be determined by the High Court in cases in which the question directly arises. [341 H, 342 C] (vi)(a) The mere fact that the definition of ’kudikidappukaran’ in s. 2(25) of the Act was not confined to agricultural labourers did not make the provisions relating to the rights or Kudikidappukars invalid. In Ranjit Singh’s case this Court considered it proper to place a liberal construction on Art. 31-A so as to cover cases where the general scheme of legislation is definitely designed to carry out agrarian reform and something ancillary thereto has to be undertaken to give full effect to such reforms. According to ’the High Court all the lands in the present cases were agricultural lands constituting estates within the contemplation of Art. 3 1 A(2) (a) (iii) and all the persons benefited by the impugned provisions were occupants of huts on such agricultural lands and were connected with agriculture. The erection of a homestead etc. cannot in the circumstances of these cases deviate from the general agricultural purpose. [343 BC, 348 C] Ranjit Singh v. State of Punjab, [1966] 1 S.C.R. 82, applied. Inder Singh v. State of Punjab, [1967] 3 S.C.R. 603, referred to. [The Court, however, made it clear that it was not expressing any opinion where the provisions of the Act were utilised for lands which are not agricultural lands and do not constitute estates nor where the beneficiary happens to be a person not substantially connected with agriculture, occupying nonagricultural land or where the facts are not covered by the general test laid down in the case of Ranjit Singh.] [348 E] (b)The objection that the area of land permitted to be purchased by Kudikidappukars is unreasonably excessive and there is no. obligation on them to use the land for agricultural purposes is without merit. The transfer is mainly of agricultural land to the landless occupant and it is likely to be used only for purposes of cultivation. This is ancillary to agrarian reforms. A part of the land is intended to be used for erecting a homestead etc., by the occupant. Such erection cannot deviate from the general agricultural purpose. [348 G-H] (vii)The question whether a landlord’s right to quarry would be affected by the vesting provision in s. 72 could not be considered because the question was not raised in the writ petition or the High Court. Such opinions partake of the nature of obiter. ’Without dealing with any hypothetical question it was sufficient to point out that extinguishment or Modification of landlord’s rights vis-avis the tenant would also be within the ambit of Art. 31-A of the Constitution if otherwise it was related to agrarian reforms. [349 C-E]

JUDGMENT

CIVIL APPELLATE JURISDICTION : Civil Appeals Nos. 143. 203 to 242, 274 and 309 of 1971. Appeals from the judgment and order dated August 14, 1970 of the Kerala High Court in Original Petitions Nos. 723 of 1970 etc. etc. 329 T.Subramania Iyer and A. Sreedharan Nambiar, for the appellant (in C.A. No. 143 of 1971). M. M. Abdul Khader, Advocate-General for the State of Kerala, K.M. K. Nair and Varghese Kaliath, for the appellants (in C. s. Nos. 203 to 242 of 1971) and Respondent No. 1 (in C. A s. No,-, 143, 274 and 309 of 1971). T.Subramania Iyer, C. M. Devan, S. Balakrishnan and N. M. Ghatate, for the appellants (in C.A. 274 of 1971). G. S. Ananthakrishna Iyer, C. M. Devan, S. Balakrishnan and N. M. Ghatate, for the appellant (in C.A. 309 of 1971). N.Sudhakaran and P. Kesava Pillai, for respondent No. 8 (in C.A. No. 203 of 1971). A.Sreedharan Nambiar, for respondents Nos. 1 and 5 (in C.A. No. 206 of 1971) and the respondents (in C.As. Nos. 208, 219 and 235 of 1971). C.S. Ananthakrishna Iyer, S. Balakrishnan and N. M. Ghatate, for the respondents (in C.As. Nos. 210 and 216 of 1971). T.Subramania Iyer, and P. Kesava Pillail for the respondent (in C.A. No. 214 of 1971). S. P. Nayar, for respondent No. 2 (in C.A. No. 221 of 1971). M. Veerappa, for respondents Nos. 1 to 4 (in C.A. No. 240 of 1971). The Judgment of the Court was delivered by Dua, J. These are 43 appeals (C.As. Nos. 143, 274, 309 and 203 to 242 of 1971), 40 appeals (C.As. Nos. 203 to 242 of 1971) being by the State of Kerala and the Land Board and the remaining three by some of the writ petitioners in the High Court. Most of the material provisions of the amended Kerala Land Reforms Act, Act No. 1 of 1964 (hereinafter called the impugned Act) were challenged in the High Court as violative of Arts. 14, 19, 25, 26 and 31 of the Constitution. Quite a number of writ petitions, however, assailed the entire impugned Act on that score. The sole defence in sustaining the constitutional validity of the impugned Act was based on Art. 31A of the Constitution. The High Court struck down several provisions of the impugned Act. In the State appeals (C.As. Nos. 203 to 242 of 1971) the judgment of the High Court is questioned only in so far as it struck down s. 73 and explanation to s. 85(1) of the impugned Act. The judgment 330 appealed from is reported as V. N. Narayana Nair v. State of Kerala(1). Raman Nair, C.J., and Raghavan J., expressed their conclusions through the Chief Justice thus :

"In the result we declare the following

provisions of the Act void; Section 29-A,

Section 32 in so far as (-and only in so far

as) it bars a Civil Court from prohibiting a

person who has made an application for

determination of fair rent from entering on

the land to which the application relates so

long as the application is pending. Section

45-A, sub-section (2) of Section 50-A, section

73, the Explanation to sub-section (1) of

Section 85 and sub-section (7) of section 125.

For the rest we dismiss the petitions but make

it clear that this dismissal involves no

pronouncement regarding provisions which we

have not expressly considered. We make no

order as to costs." Mathew J., in a separate judgment upheld the validity of s. 73 but on a other points he agreed with the majority. It may at the outset be pointed out that the Kerala Land Reforms Act, 1963 (Act No. 1 of 1964) as originally enacted was specified in the Ninth Schedule to the Constitution (item No. 39 in that Schedule) and is, therefore, immune from constitutional challenge founded on the ground that the provisions of the said Act are inconsistent with or take away or abridge any of the rights conferred by any provision of Part III of the Constitution : vide Art. 31-B. it is only the s ubsequent amendment of the original Act which. having not been specified in the Ninth Schedule, is open to attack as violative of the fundamental rights guaranteed by Part III of the Constitution. Section 73 of the impugned Act which was substituted for the old s. 73 of the original Act reads : "73. Discharge of arrears of rent.-

(1)Notwithstanding anything to the contrary

contained in any other law for the time being

in force, or in any contract, or in any

judgment, decree or order of any court or

tribunal, the landlord of a tenant specified

in column (1) of the Table below shall be

entitled to recover towards arrears of rent

accrued due before the 1st day of May, 1968

and outstanding at the commencement of the

Kerala Land Reforms (Amendment) Act, 1969,

only the amount specified in the corresponding

entry in ’column (2) of the Table (1) A.I.R. 1971 Ker. 98. 331

Provided that where an intermediary has

collected rent from his tenant for any period

prior to the 1st day of May, 1968 and has not

paid the rent payable by him to his landlord

for the period for which he has so collected,

he, shall also be liable to pay the rent

payable by him for such period to his landlord

Provided further that, subject to the

foregoing proviso, no intermediary shall be

liable to pay to his landlord anything in

excess of what he is entitled to receive under

this subsection. Class of tenant Amount of rent to be paid for

discharge

(1) (2) Tenant possessing not more than 5 One year’s rent or the acers actual amount of land in in arrears, whichever is the aggregate, whether as less owner mortgage, lessee or otherwise. Tenant possessing more than 5 acres Two year’s rent or the but actual amount not more than actual amount in arrears 10 acres of land in the whichever is less aggregate, whether as owner, mortgage, lessee or otherwise. Tenant possessing more than 10 acres Three years’ rent of land in the aggregate, whether or the actual amou as owner,mortage, lessee or nt in arrears, whichotherwise. ever is less.

Provided that where the tenant is in

possession of more than fifteen acres of land

in the aggregate, whether as owner, mortgagee,

lessee or otherwise, and the landlord is a

small holder, the tenant shall be liable to

pay the actual amount in arrears.

Explanation.-For the purposes of this section,

the rent for an year shall be deemed to be an

amount equal to the rent payable for the year

immediately preceding the commencement of the

Kerala Land Reforms (Amendment) Act, 1969 and

which has accrued due before such

commencement.

(2) Where any suit, appeal, revision or

application which involves a claim by a

landlord for arrears of rent accrued due prior

to the 1st day of May, 1968, is pending,

before any court or Land Tribunal, such court

or Land Tribunal may, after such enquiry as it

deems fit, pass an order specifying.

(a) the amount to which the landlord is

entitled under’ sub-section (1); L128 Sup IC/72 332

(b) the costs, if any, awarded to the

landlord in connection with the conduct of the

proceedings after the commencement of the

Kerala Land Reforms (Amendment) Act, 1969;

(c) the costs, if any, awarded to the tenant

in connection with-the conduct of the

proceedings after such commencement; and

(d) where such costs are awarded to the

tenant, the amount due to the landlord

deducting such costs.

(3) Where any decree or order has been

passed in favour of a landlord before the

commencement of the Kerala Land Reforms

(Amendment) Act, 1969, by any court or Land

Tribunal for the recovery of arrears of rent

accrued due prior to the 1st day of May, 1968,

such decree or order shall be enforceable only

to the extent of the amount due to such

landlord under sub-section (1); and to

determine such amount, any of the parties to

the decree or order may apply to the court or

the Land Tribunal, as the case may be, which

passed the decree or order, to amend such

decree or order in accordance with the

provisions of sub-section (1).

(4) On receipt of an application under sub-

section (3), the court or the Land Tribunal,

as the case may be may, after such enquiry as

it deems fit, reopen the decree or order and

pass an order containing the particulars

specified in sub-section (2).

(5) Any landlord who has not instituted a

suit or applied under section 26 for recovery

of arrears of rent accrued due prior to the

1st day of May, 1968, before the commencement

of the Kerala Land Reforms (Amendment) Act,

1969, may apply to the Land Tribunal under

that section for recovery of the amount due to

him under sub-section (1) of this section.

(6) Notwithstanding anything contained in

section 26, on receipt of an application

referred to in subsection (5), the Land

Tribunal may, after such enquiry as it deems

fit, pass an order containing the particulars

specified in sub-section (2).

(7) The tenant shall deposit the amount

specified in an order under sub-section (2)

or subsection (4) or sub-section (6) as due

from him in the court or Land Tribunal which

passed the order within a period of six months

from the date of the order.

333

(8) If the tenant fails to deposit any

amount as required by sub-section (7), such

amount shall, on a written requisition from

the court or the Land Tribunal, as the case

may be, to the District Collector, be reco-

vered under the provisions of the Kerala

Revenue Recovery Act, 1968, together with

interest at the rate of six per cent per annum

from the date of the order under sub-section

(2) or sub-section (4) or subsection (6) as

the case may be.

(9) Notwithstanding anything contained in

this section a tenant who has paid the

amount as provided in

section 34 of the Kerala Agrarian Relations

Act, 1960, or in section 5 of the Kerala

Ryotwari Tenants and Kudikidappukars

Protection Act, 1962, for the discharge of arrea rs of rent outstanding on the 1 1th day

of April, 1957, or the arrears of rent accrued

due after that date and outstanding on the

15th day of February, 1961, on or before the

date specified in those Acts for the payment

of the amount, shall not be liable to pay any

amount towards arrears of rent for that

period.

(10) The assignment by a landlord of his

right to receive arrears of rent to any other

person shall not affect the benefits conferred

on a tenant under this section."

The majority opinion of the High Court, while

striking down this section, observed

"Under s. 73, all arrears of rent accrued due

before the 1st May, 1968 and outstanding at

the commencement of the amending Act are wiped

off except to the extent of one year’s rent in

the case of a tenant possessing not more than

five acres of I-and, of two years’ rent in the

case of a tenant possessing more than five

acres but not more than ten acres of land, and

three years’ rent in the case of a tenant

possessing more than ten acres. However, when

the tenant is in possession of more than

fifteen acres and the landlord is a small

holder the tenant is liable to pay the entire

arrears. This section, it seems to us, cannot

get the protection of Article 31-A. Rent yet

to accrue is no doubt a legal incident of the

property concerned-see Section 8 of the

Transfer of Property Act and the right to

receive rent in the future might well be

regarded as a right in the estate constituted

by the land. But rent in arrear only

constitutes a debt, and excepting perhaps to

the extent to which it is a charge on the

land, is not an interest therein. (See in this

connection A.I.R. 1952 S.C. 252). ’Me effect

of Section 73 is not merely

334

to deprive the landlord of the charge

conferred on him by Section 42 but to wipe off

the debt itself and this debt not being an

interest in the land, it seems to us clear

that the section cannot have the protection of

Article 3 1 A. That protection is afforded

only in so far as the acquisition,

extinguishment or modification of rights in an

estate are concerned. That is an essential

element of agrarian reform and the so-called

incidental or ancillary provisions can get the

protection only in so far as they are

necessary for effectively implementing the

reform or are otherwise an integral part of

the reform. The liquidation of debt due, from

tenants cannot be said to be necessary for

implementing the law relating to the acqui-

sition, extinguishment or modification of

rights in estates or an integral part of that

law and cannot therefore have the protection

of Article 3 1 A. If it is necessary to

rehabilitate indebted tenants by relieving

them of their liability on account of arrears

of rent, that must, like any other measure for

relief of indebtedness, be justified in so far

as it affects the property rights of the

landlord as a reasonable restriction in the

interests of the general public within the

meaning of Clause (5) of Article 19.

No material has been placed before us to show

that that is so. The produce from the land is

not solely of the tenant’s own making. The

landlord provides the capital asset necessary

for the purpose, namely, the land, I before

the Act it was not a crime to do so-and it

can-not be in the interests of the general

public to deprive him of his due share of the

produce. Provisions for the fixation of fair

rent have been in force throughout the State

at least from 1964, and, in the Malabar area,

from much earlier. For many years past,

seasons have been favourable and yields have

been good. The prices of agricultural produce

have been high, while rents, even when payable

in kind, are commuted into money at rates much

less than the prevailing prices, and it is

notorious that cultivators of land have been

making big profits even after paying rent.

The mere fact that since 1957 the legislature

has from time to time thought fit to stay pro-

ceedings for the recovery of arrears of rent

is not enough to show that tenants were not in

a position to pay rent, and there is nothing

to show that the arrears of rent accrued due

are anything more than what the landowner can

reasonably ask for his share or the tenant

can reasonably be expected to pay. There were

statutes in force by which, on the payment of

rent for one year or more, the entire arrears

could discharged, and it does not

33 5

seem to us either a reasonable restriction on

the rights of the landlords, or something

calculated to further the interests of the

general public that persons who declined to

take advantage of these statutes and would not

pay when they could, should be absolved of the

liability to pay their due debts. We hold

that Section 73 has not the protection of

Article 31-A and is violative of Article 19(1

) (f)." The dissenting opinion, upholding its validity, observed that in construing the reasonableness of the provisions of s. 73 it is legitimate to look to the provisions of Art. 39 in Part IV of the Constitution which emphasises the Directive Policy of the Government so as to give purposive content to the restriction which Part III imposes upon the fundamental rights guaranteed by the Constitution. The I earned Advocate General, in support of the 40 appeals by the State of Kerala and the Land Board, heavily relied on Pritam Singh Chahil v. State of Punjab (1) in support of his attack on the majority view of the High Court and in his submission this decision completely covers the present case. While developing his argument the learned Advocate General referred us to s. 42 of the impugned Act which provides that arrears of rent due to the landlord together with interest thereon shall be a charge on the interest of the tenant, from whom they are due, in the holding and shall, subject to the priority of the rights of the Government and any local authority for arrears of land revenue, tax, cess or other dues, be a first charge on such interest of the tenant. According to the submission, creation of charge by this section creates a right in the land which means a right in the estate and, therefore, the discharge of arrears of rent in accordance with the table contained in s. 73 being extinguishment of a right in the estate, is protected ’by Art. 31-A. Reference in support of the argument that charge is an interest in property was also made to the decision in the State of Gujarat v. Jetawat Lalsingh Amarsingh & ors. (2) where, while construing s. 14(1) of the Bombay Merged Territories and Areas (Jagir Abolition) Act, 39 of 1954 this Court observed in para 8

"We are also in agreement with the High Court

that the right to receive cash allowance of

Rs. 234/12/- annually from the Jagir is one of

those rights that have got to be compensated

under s. 14(1). That liability was not the

personal liability of the Jagirdar. The first

respondent was entitled to get that amount

from the Jagir. In other words it was a

charge on the Jagir. Therefore, it is an

interest in property." (1) [1967] 2 S.C.R. 536. (2) A.I.R 1969 S.C. 270. 336 It is noteworthy that S. 14(1) there covered the case of a person other than Jagirdar who, was aggrieved by the provisions of the impugned Act abolishing, extinguishing, or modifying "any of his rights to or interest in property" and such person’s right to get the allowance was held to amount to an interest in property. It was not held to be a right in property. Indeed, it was expressly observed at p. 272 of the report that it was "not necessary to consider whether that interest can be considered as a right in the property". Reliance in this connection was also placed by the learned Advocate-General on M. K. Subbachariar v. The State of Madras(2), Ranjit Singh v. State of Punjab (2), State of Bihar v. Umesh Jha (3 ) and on the observations of S. R. Das, J., (as he then was) on the question of legality of acquisition of arrears of rent in State of Bihar v. Maharadhiraja Sir Kameshwar Singh of Darbhanga(4). The majority view in Kameshwar Singh’s case (supra), it may be pointed out, was not in accord with these observations, for the majority held the acquisition of arrears of rent to be unconstitutional. The other decisions cited by the learned Advocate-General also do not support his submission. Ranjit Singh’s case (supra) is an authority for the view that the expression agrarian reform" calls for a wider meaning than was given to it by K. K. Kochunni v. State of Madras ( 5 ) and in Jha’s case (supra) the validity of s. 4(b) of the Bihar Land Reforms Act, 1950 as amended in 1959 which authorised annulment of anticipatory transfer of land designed to defeat the object of the Act, was held to be protected by Art. 31-A of the Constitution. The Acts impugned in the Madras decision in Subbachariar’s case (supra) were held to fulfill the requirements of Art. 3 1 -A ( 1 ) (a), and, therefore, protected from attack founded on violation of Arts. 14, 19 and 31 of the Constitution. After so holding the High Court observed :

"It follows that the validity of the Acts

cannot be questioned even on the ground that

no compensation whatsoever has been provided

for the acquisition of certain specific

interests.

On this conclusion strictly speaking it is

unnecessary to have any elaborate survey of

the provisions of the Acts and examine whether

and if so to what extent they are violative of

Articles 14 and 31 of the Constitution." The decision of this Court in Kameshwar Singh’s case (supra) was distinguished. A passing reference was also made by the appellant to Khajamian Wakf Estates v. The State of Madras(6). But there (1) I.L.R. (1967) 2 Mad. 646. (3) [1962] 2 S.C.R. 687. (5) [1963] 3 S.C.R. 887. (2) [1965] 1 S.C.R. 82. (4) [1952] S.C.R. 889 at 1000-1002. (6) A.I.R. 1971 S.C. 161. 337 the enactments challenged being laws providing for the acquisition by the State of "estate" as contemplated by Art. 31-A were held to be completely protected ’by Art. 31-A of the Constitution from the attack on the ground of violation of Arts. 14, 19 and 31. In regard to the provision reducing the liability of the tenant with respect to the arrears of rent the only challenge raised in that case questioned the competency of the legislature to make the law and this was repelled with the observation :-

"Those arrears are either arrears of rent or

debts due from agriculturists. If they are

treated as arrears of rent then the State

legislature had legislative power to legislate

in respect of the same under Entry 18 of List

II of the VIIth Schedule. If they are

considered as debts due from the agric ulturists then the State legislature had

competence to legislate in respect of the same

under Entry 30 of the same list." The precise question with which we are concerned was not canvassed there. The argument that arrears of interest is a charge on the estate and, being, therefore, a right in land, can be extinguished as an estate, is not supported by the true ratio of the decisions cited by the learned Advocate General and is otherwise too unacceptable on the language of the impugned statutory provisions. The liability to pay arrears of rent under the impugned Act, assuming the charge created by s. 42 is an interest in land, is not a right in land : besides the liability being also a personal liability it would clearly amount to a debt. Acquisition or extinguishment of such a personal liability for payment of money cannot be covered by Art. 3 1 A. That money cannot be acquired is clear, as already pointed out, from the majority view of this Court’s decision in Kameshwar Singh’s case(). Looking at the table incorporated in s. 73 it is obvious that the amount of rent to be paid for getting discharge of the whole debt has been arbitrarily fixed and does not seem to be founded on any rational, logical or _just basis.

But the learned Advocate General contended that without discharging the arrears of rent or at least a major part of it, the object of the land reforms would be stultified as the indebtedness of the tenants would remain unameliorated. To reduce the indebtedness of the tenants appreciably is a reasonable restriction on the rights of the creditors and the law thus providing for amelioration of indebtedness of tenants deserved to be upheld as constitutional. We grant that amelioration of indebtedness of tenants is a laudable and desirable object. But the person to whom the arrears of rent are due is also entitled to seek protection of his legitimate right and if the acquisition of arrears of rent is outside the protection of Art. (1) [1952] S. C. R 889. 338 31 A then the impugned provision cannot but be held invalid. It prima facie partakes of the character of forfeiture or confiscation of the discharged arrears. Article 39 of the Constitution to which reference was made can be implemented by other permissible means without violating or abridging the just and legitimate rights of those to whom the arrears of rents are due. Section 73, therefore, in our opinion, was rightly struck down by the majority opinion. It was conceded before us that if s. 73 goes, then, s. 4/5-A must also be struck down as unconstitutional. Section 45-A, broadly speaking, provides that rent received after May 19, 1967 but before the commencement of the amendment Act of 1969, and appropriated towards arrears of rent for the period prior to May 1, 1966 shall be adjusted towards rent accrued due for period after May 1, 1966. This takes us to the explanation to s. 85(1) which was the only other provision with respect to which the judgment of the High Court was assailed by the learned Advocate General in this Court. That provision, so far as relevant, reads : "85. Surrender of excess lands.-

(1) Where a person owns or holds land in

excess of the ceiling area on the date

notified under s. 83, such excess land shall

be surrendered as hereinafter provided

Provided that where any person bona fide

believes that the ownership or possession of

any land owned or held by such person or,

where, such person is a member of a family, by

the members of such family, is liable to be

purchased by the cultivating tenant or

kudikidappukaran or to be resumed by the

landowner or the intermediary under the

provisions of this Act, the extent of the land

so liable to be purchased or to be resumed

shall not be taken into account in calculating

the extent of the land to be surrendered under

this sub-section.

Explanation.-Where any land owned or held by a

family or adult unmarried person owning or

holding land in excess of the ceiling area was

transferred by such family or any member

thereof or by such adult unmarried person, as

the case may be, after the 18th December,

1957, and on or before the date of publication

of the Kerala Land Reforms Bill, 1963, in the

Gazette, otherwise than--

(i) by way of partition; or

(ii) on account of natural love and

affection; or

339

(iii) in favour of a person who was a tenant

of the holding before the 18th December, 1957,

and continued to be so till the date of

transfer; or

(iv) in favour of a religious, charitable or

educational institution of a public nature

solely for the purposes of the institution,

the extent of land owned or held by such

family or adult unmarried person shall be

calculated for purposes of fixing the extent

of land to be surrendered under this section

as if such transfer had not taken place, and

such family or adult unmarried person shall be

bound to surrender an extent of land which

would be in excess of the ceiling area on such

calculation, or, where such family or person

does not own or hold such extent of land, the

entire land owned or held by the f amily or

person; but nothing in this Explanation shall

affect the rights of the transferee under the

transfer."

The High Court struck down this provision with

the following observations :

"Section 85 provides for the surrender of

excess land, but sub-section (1) thereof

contains an explanation which we think cannot

stand. Under the explanation, subject to

certain exceptions, any land transferred by a

person holding land in excess of the ceiling

area between the 18th December, 1957 (the date

of publication of the Kerala Agrarian

Relations Bill) and the date of the

publication of the Kerala Land Reforms Bill,

1963 (here we think that ceiling means the

ceiling area under the Act, for it does not

appear there was any ceiling area during the

period in question) is to be regarded as still

held by him for the purpose of fixing the

extent of land to be surrendered by him and

such surrender is to be made out of the land

still held by him. his can lead to absurd

results. For example, supposing a person

holding land just one cent in excess of the

ceiling area had transferred some lands

between the dates mentioned and bought the

lands now held by him, possibly at a higher

price, he will have to surrender all his land

for the nominal compensation provided by

section 88. No doubt, absurdities like this

can only be attacked under Articles 14, 19 or

31 which are not available in the case of a

legislation protected by Art. 31-A, but, there

is the second proviso to sub-clause (a) of

clause (1) of the article which enjoins the

payment of compensation not less than the

34 0

market value for the acquisition of any land

within the ceiling limit under the law for the

time being in force. The effect of the

explanation is to offend this proviso since it

means that even land held by a person within

the ceiling limit applicable to him under the

Act (the law for the time being in force

within the meaning of the article) can be

taken away for the nominal compensation

payable under section 88, by the fiction of

regarding lands disposed of by him within the

dates mentioned as if those lands were still

held by him although the transfer remains

untouched, in other words, as if the ceiling

limit for such a person is different from

the ceiling limits for persons who had not

disposed of land between the relevant dates,

That is not so. The ceiling limits imposed by

the Act are the same for all, but, in the case

of a person who has so disposed of land, that

1-and is to be regarded as still held by him

(although, in fact, it is not) for the purpose

of calculating the extent of the land to be

surrendered by him, and the surrender is to be

made out of the land still held, even if its

effect be to leave him with land less than the

ceiling limit, indeed with no land at all. If

a fiction by which land not held by a person

could be taken into account for the

determination of the excess land to be

surrendered by him, and he could be forced to

surrender land actually held by him although

it is within the ceiling limit without payment

of the market value thereof, were permitted,

the proviso in question could easily be

rendered nugatory. That would be to mock the

proviso." This reasoning seems to us to be unexceptionable and the learned Advocate General was wholly unable to offer any serious criticism of these observations. It is clear that by virtue of the second proviso to Art. 31-A(1) land within the ceiling limit is expressly protected against acquisition by the State unless the law relating to such acquisition provides for compensation which is not less than its market value. No attempt was made to take the impugned explanation out of this constitutional inhibition. We therefore, do not find any reason to differ from the conclusions of the High Court. These were the only provisions with respect to which the learned Advocate-General addressed us in support of his appeals. The result, therefore, is that these appeals fail and are dismissed with costs. We now turn to the three appeals (C.As. Nos. 143, 274 and 309 of 1971). In C.As. Nos. 274 and 309 of 1971. the first point urged before us was founded on Art. 31-A(1), second proviso by 3 41 virtue of which the State can have no power to acquire any portion of land held by a person under his personal cultivation in the estate, which is within the ceiling limit applicable to him under a law unless the law empowering acquisition provides for compensation at a rate not less than the market value of such land. According to the argument when the amended Act reduced the ceiling limit and required surrender of the land held in excess of the limit fixed by the amended Act, without payment of compensation at market value, it violated the constitutional inhibition contained in the second proviso to Art. 31-A(1). We are unable to sustain this contention. It was not disputed that the ceiling limit fixed by the amended Act was within the competence of the legislature to fix; nor was it contended that the ceiling fixed by the original unmended Act by itself debarred the legislature from further reducing the ceiling limit so fixed. Prior to the amendment undoubtedly no land within the personal cultivation of the holder under the unamended Act within the ceiling limit fixed thereby could be acquired without payment of compensation according to the market value, but once ceiling limit was changed by the amended Act the second Proviso to Art. 3 1 -A ( 1 ) must be held to refer only to the new ceiling limit fixed by the amended Act. The ceiling limit originally fixed ceased to exist for future the moment it was replaced by the amended Act. The prohibition contained in the second proviso operates only within the ceiling limit fixed under the existing law, at the given time. I It is true that the new ceiling limit was fixed contemporaneously with the acquisition of the land in excess of that ceiling limit. But it was not contended that a law so fixing the ceiling limit and acquiring the land in excess would offend any provision of the Constitution. This submission must, therefore, be rejected. The next point urged in C.A. 274 of 1971 relates to s. 50- A(2) of the amended Act. According to this sub-section where The tenant in respect of a nilam is a varamdar and the fishing right in that nilam is exercised by the landlord then such right of the landlord shall cease to exist and the tenant shall be entitled to exercise such right., "Nilam", it may be pointed out, means land adapted for the cultivation of paddy : s. 2(38). "Varamdar" means the person who undertakes cultivation under a varam arrangement and "varam" means an arrangement for the cultivation of nilam with paddy and sharing the produce, made between the owner or other person in lawful possession of the nilam and the person who undertakes cultivation under such arrangement, and includes the arrangements known as pathivaram, pankuvaram and pankupattam: s. 2(60). Section 50-A(2) operates notwithstanding anything contained in any law or contract or any judgment, decree or order of the court. The High Court has struck down this provision but has added a rider. This is what the High Court has observed 342

"Accordingly, we strike down this provision,

but might add that this cannot in any way

affect the vesting of the landlord’s rights in

the Government if they have so vested under

Section 72. That the income derived from

fishing might not be taken into account in

determining the compensation payable for the

vesting cannot affect the provision for

vesting so long as it has the protection of

Art. 31-A". It is agreed at the bar that there is no case before us on the facts and circumstances of which this rider can operate. It is also stated at the bar that a number of cases are pending in the High Court in which the precise point covered by the rider directly arises for adjudication. In our view, the High Court should not have expressed any opinion on this point in the manner it has been done, such expression of opinion being unnecessary for giving relief to the parties approaching the High Court. This question must, therefore, be left open to be determined by the High Court in cases in which the question directly arises. The next question raised in C.As. Nos. 143 and 274 of 1971 ,relates to the rights of kudikidappukars. The argument raised before us on behalf of the appellants in these two appeals is that the definition of "kudikidappukaran" is not confined to agricultural labourers alone but it covers even non-agriculturists with the result that it cannot be held to be covered by the provision which protects legislation dealing with agrarian reform. The High Court, dealing with this challenge has observed

"The principal objection taken to the

provisions relating to kudikidappukars is that

having regard to the definition of

"kudikidappukaran", the rights will be

available even to persons who have no

connection with agriculture, in occupation

of huts on land which is not agricultural. The

conferment of rights on such persons would not

be agrarian reform, and, therefore, the

provisions cannot have the protection of

Article 31-A. But, in no case before us is

it alleged that there is any such person

claiming or likely to claim the ’benefit of

the provisions in question. In fact, as we

have said, all the lands with which these

petitions are concerned are agricultural lands

constituting estates, and, to deny the pro-

tection of Article 31-A to any particular

provision it must be shown that that provision

is not a measure of agrarian reform. As we

have already remarked, the mere possibility

of the provisions in question being applicable

to cases not falling within Article 31 -A is

no ground for denying the protection of that

article in respect of the cases falling within

its ambit.

343

It is pointed out that the proviso to Section

2(25) makes a kudikidappukaran even of a

trespasser so long as he was in occupation on

the 16th August, 1968-the Bill of the amending

Act was published on the 15th August-and

continued to be in occupation till the com-

mencement of the Amending Act, namely, till

the 1st January, 1970. And that would be so

even if the landowner has obtained a decree

for possession against him. To encourage

trespass by conferring rights on trespassers,

even on trespassers against whom there is a

decree for possession, cannot, it is said, be

regarded as a measure of agrarian reform.

That might well be so, but, we are not called

upon to consider the validity of the proviso

in question since, so far as the cases before

us are concerned, the application of the

proviso is a mere theoretical possibility. In

none of the cases is it said that there is any

person claiming the benefit of the proviso

against the petitioner concerned, and the

challenge to the proviso must be left to be

decided in a case where the question actually

arises.

Generally speaking, it might be said that a

kudikidappukaran is a hutment dweller in

permissive occupation of the land on which his

hut stands and who holds no land on which he

could erect a homestead. Three cents of land

in a city or major municipality, five cents in

any other municipality and tenents in any

panchayat area or township (it is said that

there is no place in this State which is not

comprised within a city or a municipality or a

panchayat or’ a township) is regarded as the

minimum land required for the purpose of

erecting a homestead and it is only if the

person concerned holds land in excess of there

limits that he is disqualified. It would

however, appear from Explanation I to the

definition in Section 2(5) that the total

extent of all the land held by a person, not

necessarily land continuously situated, is to

be taken into account for the purpose of the

disqualification, the conversion being made on

the basis that three cents of land in a city

or major municipality is equivalent to five

cents in any other municipality and to ten

cents in a panchayat area or township.

Kudikidappus are mainly a feature of the

coconut gardens in the coastal areas of the

State and are largely confined to the Cochin

and Travancore areas. As we have seen, the

occupation originates in permission, and,

although in most cases, the permission might,

in some measure, be prompted by charitable

considerations, it is

3 44

never wholly so. Some benefit in return,

other than spiritual, is always expected. In

some cases the kudikidappukars are

agricultural labourers who were in the earlier

days, expected to work for the holder of the

land for a lower wage than the prevailing

wage, and in all cases they are expected to

keep watch over the land and prevent theft or

trespass. In the case of coconut gardens, the

very existence of these dwelling houses in the

midst of the gardens is beneficial to the

trees in the immediate vicinity of the houses

and increases their yield. So far as

agricultural land is concerned, it seems to us

that there is in all cases some connection

between the existence of ,a kudikidappu

therein and the cultivation of that land so

that the conferment of benefits on

kudikidappukars must prima facie be regarded

as a measure of agrarian reform."

And again,

"The real controversy is centered round

Section 80-A to 80-G which by enabling a

kudikidappukaran to buy not merely the site of

his hut but also the surrounding land upto an

extent of three cents in a city or major

municipality or five cents in any other

municipality or ten cents in a panchayat area

or township for a price which, both with

regard to its amount and to the manner and

time of its payment, can only be described as

nominal, virtually make a gift of the land to

the kudikidappukaram. It has been argued that

such a transfer of land to a person who had

no manner of interest therein (by definition

of kudikidappukaran has no interest in the

land as such being only in permissive

occupation of the site of his hut) cannot come

within the ambit of subclause (a) of clause (

1 ) of Article 3 1 -A since it involves no

acquisition by the State and no,

extinguishment or modification of any rights

in the land constituting the estate. The

provision is really for the compulsory acqui-

sition of the land by the kudikidappukaran

without payment of compensation and the

circumstance that the article expressly

provides only for acquisition by the State is

a clear indication that acquisition by others

is not included within its ambit, even if such

acquisition might involve the extinguishment

of the rights of the person to whom the land

previously belonged. if the extinguishment

involved in a transfer of the land from one

person to another, namely, the extinguishment

of the rights of the original owner, were

comprised within the term, "extinguishment" as

used in the article, it was unnecessary to

have made separate and express provision for

:acquisition by the State. Therefore, it is

said, that

345

extinguishment within the meaning of the

article is extinguishment pure and simple and

not extinguishment which is only an incident

of something else like a transfer or an

acquisition. It means a total annihilation of

the rights, not the substitution of one person

by another in that right. So runs the

argument. But, although the argument sounds

attractive enough, we are afraid it has to be

rejected in view of the decision of the

Supreme Court in AIR 1959 S.C. 459 and AIR

1959 SC 519. In the former, it was held that

the transfer of a landlord’s right to a tenant

was an extinguishment, or, in any event, a

modification of the landlord’s right in the

estate, well within the meaning of these words

as used in the article. In the latter, which also deal with compulsory acquisition of a

landlord’s right by a tenant, it was pointed

out that provision for such acquisition was a

modification of the owner’s rights in the land

in that it obliges him to sell the land not at

his own price but at the price fixed by the

statute, and not to anyone he chooses but to

the person specified therein and in accordance

with its provisions. A transfer of his rights

by the owner of a land to a person like a

tenant already having some interest therein

stands on no different footing from a transfer

to a person having no interest in the land

from the point of view of the extinguishment

or modification of the rights of the trans-

feror. Although this is not expressly

mentioned, we think it is clear that the

purpose of the transfer of the land to the

landless occupant of the hut is only for pur-

poses connected with agriculture-we are here

speaking only of agricultural land. In the

case of such land, even if the

kudikidappukaran is not exclusively an

agricultural labourer, the land transferred to

him is likely to be used only for purposes of

cultivation like growing a kitchen garden as

an adjunct to his dwelling house. It is

hardly likely to be used in entirety for

building purposes (although there might be

some little extension of the dwelling house)

or for industrial or commercial purposes.

Thus, the transfer being of agricultural land

to a landless person primarily for

agricultural purposes-it would in all

probability make for more intensive

cultivation-we do not think that it can be

said that it is not a measure of agrarian

reform." It was contended on behalf of the appellants that a large number of kudikidappukarans are engaged in non-agricultural pursuits and they are free to deal with the homestead, the hut and the land transferred to them in any way they like. There being no obligation on them to personally use the land for agricultural purposes, 346 there is no question of agrarian reform being promoted by this provision. The learned Advocate-General--controverted the appellants’ contention and sought further to support the conclusions of the High Court by drawing our attention to the report of the Agrarian Problem Enquiry Committee published by the Government of Cochin in 1949, particularly relying on para 146 of that report, a copy of which was produced be-fore us in the course of hearing. The learned Advocate-General also drew our attention to the report of the Land Policy Committee, Travancore-Cochin published by the Government in 1950, abstracts of which were also produced before us in the course of hearing. Para 91 of this report was specifically relied upon. Our attention was further drawn by the learned Advocate-General to the proclamation promulgated by His Highness the Maharajah of Cochin in June, 1947, giving relief against eviction of kudikidappukars, as also to certain provisions of the Travancore Prevention of Eviction of kudikidappukars Act, 1949 and to the provisions of the Travancore-Cochin Prevention of Eviction of Kudikidappukars Act 1955. Placing reliance on the background as emerging from these reports the proclamation and the statutes, the learned Advocate- General submitted that providing for accommodation and some appurtenant land to kudikidappukars is an important part of agrarian reform and must be upheld. In the alternative, however, it was suggested that the provisions of the Act may be read down so as to confine the statutory benefit only to those kudikidappukars who are agricultural labourers. According to him the definition arid the relevant provisions of the statute can be so read down as to bring them within the object of agrarian reform as understood in the light of the decisions of this Court. Now as observed by the High Court in the passage already reproduced, transfer of land to the landless occupant of the hut, though not expressly so mentioned is only for the purposes connected with agriculture and the land in this passage is expressly stated to mean agricultural land. The term agricultural land, it may also be pointed out, is used in the judgment of the High Court in the sense of the definition contained in Art. 31A (2) (a) (iii) of the Constitution. The High Court has further stated, and it is not shown that this is incorrect, that in none of the cases before it, is there any allegation that any person unconnected with agriculture is claiming the benefit of ss. 75 to 80G of the Act. In fact all the lands, with which the present cases are concerned, are agricultural lands constituting estates as contemplated by Art. 31-A of the Constitution. This is what the High Court says in the Judgment

"It might be that the expression, ’agrarian

reform’ is wide enough to include ameliorative

measures for agriculturists, unrelated to

right’s in land, but, in the context

347

of Article 31 -A, it can comprise only

measures affecting rights in estates and we

shall hereafter use the expression in that

limited sense.

It would appear that all the lands held by the

petitioners in these cases are agricultural

lands-at any rate, no arguments have been

addressed before us on the footing that any of

them are not; the assertions in some of the

petitions, such as that a paddy land is not

agricultural land because for part of the

year, when it is under water, fishing is

profitably conducted thereon, or that a

coconut garden is not agricultural land

because it happens to be situated within a

city, have been rightly forgotten. We might

here repeat that we are using the term, ’agri-

cultural land’ in the sense relevant in the

context of Article 31-A, namely, in the sense

of the definition in subclause (iii) of cl.

2(a) of that article. It is the purpose for

which the land is held, not its accidental use

at a particular point of time,, that

determines whether it is agricultural land or

not. If the land is held for purposes of

agriculture or for purposes ancillary thereto

(such as, for pasture or for the residence of

cultivators of land, agricultural labourers or

village artisans), it is agricultural land.

Otherwise not. We suppose that something or

other can be, and often is, grown on any

vacant land, but that would not necessarily

make it agricultural land for our purposes.

To give an example, the possibility of

cultivating, or even the actual cultivation

of, what is essentially a building site in the

heart of a town would not make, it

agricultural land. It is the, purpose for

which it is held that determines its character

and the existence of a few coconut trees or a

vegetable, patch on the land cannot alter the

fact that it is held for purposes of building

and not for purpose of agriculture."

347 And again, after observing that constitutionally bad portion of the Act, if severable, is liable to be struck down while upholding the valid portions, the High Court adds :

"For the aforesaid reasons, we shall consider

the impugned provisions only in the in

application to agricultural land-was we have

said, these petitions are not concerned with

non-agricultural land, at any rate, not

directly. We wish to make it clear that we

are expressing no opinion whatsoever about

their validity or otherwise in their

application to non-agricultural land.

We do not think it can be denied that the, Act

as a whole is a measure of agrarian reform,

its main object -L128Aup CI/72 348

being to confer such benefits as fixity of

tenure and fair rent on cultivating tenants,

to abolish intermediaries like landlords,

between the cultivator and the State, and to

distribute lands held in excess of the ceiling

to the landless. The Act as a whole must,

therefore, get the protection of Article 31-A

even if portions thereof have to fail for want

of that protection." Nothing convincing was said in this Court against these observations. In Ranjit Singh’s case (supra) this Court considered it proper to place a liberal construction on Art. 31-A so as to cover cases where the general scheme of legislation is definitely designed to carry out agrarian reform and something ancillary thereto has to be undertaken to give full effect to such reforms. This decision was approvingly referred in Inder Singh v. State of Punjab(1). These decisions were noticed and followed by the High Court. The learned Advocate-General in his reply also contended that we may, if necessary, read down the provisions of the Act so as to ,confine its beneficial operation to those kudikidappukars who are primarily agricultural labourers and to the transfer of agricultural land to them so as to restrict the statutory power to agrarian reform as enunciated by this Court in Ranjit Singh’s case (supra) and other relevant cases. It may, however, be recalled that according to the High Court all the lands in the cases with which we are concerned are agricultural lands constituting estates within the contemplation of Art. 3 1 A (2) (a) (iii) and all the persons benefited by the impugned provisions are occupants of huts on such agricultural lands and are connected with agriculture. On the facts of these cases, therefore, there is no occasion for saying anything beyond what the High Court has said on this aspect. We should, however, like to make it clear that we express no opinion where the provisions of this Act are utilised for lands which are not agricultural lands and do not constitute estates nor where the beneficiary happens to be a person not substantially connected with agriculture, occupying nonagricultural land or where the facts are not covered by the general test laid down in the case of Ranjit Singh (supra). Finally the objection raised at the bar was that the area of land permitted to be purchased by kudikidappukars is unreasonably excessive and there is no obligation imposed on them to use the land for agricultural purposes. Here again, if as observed by the High Court, the main purpose of the transfer of agricultural land to the landless occupants is connected with agriculture and such land is likely to be used only for the purposes of cultivation, with which observation we are not persuaded to disagree, then, such (1) [1967] 3 S.C.R. 603.

349 transfer can properly be held to be ancillary to agrarian reforms. The transfer appears to us to be mainly of agricultural land, a part of which is intended to be utilised for the purpose of erecting a homestead etc., by the occupants. Such erection of a homestead etc., cannot in the circumstances of these cases deviate from the general agricultural purpose. The appellants’ objection must on this view be held to be devoid of merit. In C.A. No. 309 of 1971 it was argued that under s. 72 what vests in the Government is only the landholder’s right vis-a-vis the tenant and that this does not amount to acquisition. The counsel added that other rights of the appellants as owners could not be adversely affected. By way of illustration reference was made to quarrying rights and it was suggested that the right to quarry could not be affected by this vesting. We do not consider it necessary to go into the question of the impact of the impugned provision of the Act on the rights to quarry as there was no allegation to this effect in the writ petitions. This point was not canvassed even in the High Court. This Court. as a rule, does not decide questions which are not necessary for determining or resolving the actual controversy arising in the case. Such opinions partake of the nature of ;biter. Without deciding any hypothetical question posed before us we consider it sufficient for our present purpose to point out that extinguishment or modification of landlord’s lights vis-a-vis the tenant would also be within the ambit of Art. 31-A of the Constitution if otherwise it is related to agrarian reforms. Section 72 is accordingly not liable to be struck down on this ground. With the foregoing observations these three appeals are also dismissed; but without any order as to costs. V.P.S. Appeals dismissed. 350

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