AIR 1976 SUPREME COURT 2363 ::1976 4 SCC 314 ::1976 UJ (SC) 76 ::1976 Ker LT 566 ::1977 (1) SCWR 52 ::1977 (1) SCR 273

Supreme Court Of India

(From : (1) AIR 1974 Ker 28; (2) and (3)) Kerala)*

Hon'ble Judge(s): A. N. Ray, M. H. Beg, P. N. Shinghal , JJJ

(A) Kerala Land Reforms Act (1 of 1964) , S.81(a) Cl.(i), S.84, S.85— Amendment brought about by Section 65 of Amending Act - Not retrospective - Volunatary transfers in respect of Kayal padasakharams between 15-9-63 and 1-1-1970 - Valid. The amendment which was made by Section 65 of Act 35 of 1969 was neither crurative nor merely declaratory. The amendment cannot be given retrospective effect from April 1, 1964 when Sections 82 and 84 of the Act were brought into force. It is well settled that a statute is not to be read retrospectively except of necessity. There is no such necessity, for the Legislature decided to exempt the Kayal lands from the operation of the restrictions and even though amending Act 35 of 1969 was promulgated on December 17, 1969, @page-SC2364 Section 65 thereof, which withdrew the exemption, was not brought into force until January 1, 1970. Even though by virtue of Sec. 84 of the Act all voluntary transfers effected after September 15, 1963 (date of publication of the Kerala Land Reforms Bill, 1963, in the Gazette) were invalid, the transfers made in respect of Kayal padasakharams could not be held to be invalid from the provisions of Chapter III. That exemption was no doubt withdrawn by Section 65 of Act 35 of 1969 which amended the Act, but that Section was not brought into force until Ja....