AIR 1964 KERALA 171 ::1963 Ker LT 533 ::1963 Ker LJ 685 ::ILR (1963) 2 Ker 122

Kerala High Court

Hon'ble Judge(s): M. S. Menon , C.J. AND M. Madhavan Nair, P. Govindan Nair , JJ

Constitution of India , Art.31A, Art.14— Jenmikaram Payment (Abolition) Act (1960) , — Validity - Act does not deal with Jenmom right - Protection under Art.31-A not available - Act contravenes Art.14. The definition of the expression 'estate'in Art. 31-A(2) makes it quite clear that a Jenmom right is covered by that expression. That the Jenmies of Travaancore were proprietors of the soil is beyond dispute. They continued to be proprietors even after the introduction of the Travaancore Jenmom and kudiyan Act of 1071. Section 5 of that Act, as originally enacted, did not destroy the proprietors up of the Jenmi; it only conferred on Kudiyan a right of permanent occupancy. A new S.5 was substituted for the old S.5 by the Travancore Jenmi and Kudiyan (Amendment) Act, 1108. The new S. 5 transferred the ownership of the land from the Jenmi to his Kudiyan, or in other words, effected a termination of his Jenmom right in that land. The Jenmikaram Payment (Abolition) Act, 1960, cannot possibly be considered as dealing with a right which had ceased to exist long before its enactment. It follows that the protection afforded by Art. 31-A of the Constitution is unavailable to the Jenmikaram Payment (Abolition) Act, 1960. Section 3 of the Jenmikaram Payment (Abolition) Act. 1960, deals with the abolition of the payment of Jenmikaram and S. 4 with the amount of compensatio....