S. M. Fazal Ali, J. - (1.) These appeals by certificate granted by the High Court of Kerala involve a common question of law containing a challenge to the constitutionality of the Kerala Agriculturists" Debt Relief Act. 1970 (Act II of 1970) (hereinafter referred to in short as the Act). The appellants have assailed particularly Sec. 20 of the Act which entitles the debtors to recover the properties sold to purchasers in execution of the decree passed in liquidating the debt owned by the agriculturists.
(2.) As the five appeals involve common questions of law we propose to decide them by one common judgment.
(3.) Section 20 of the Act was assailed before the High Court on three grounds, namely: 1. That the Act was beyond the legislative competence of the State Legislature and did not fall within Entry 30 of the State List. 2. That the provisions of S. 20 and the sub-sections thereof were violative of Art. 19 (1) (f) of the Constitution of India inasmuch as they sought to deprive the appellants of their right to hold property. 3. That sub-secs. (3) and (6) of S. 20 of the Act were violative of Art. 14 of the Constitution of India inasmuch as the stranger decree-holder was selected for hostile discrimination whereas a bona fide alienee who stood on the same footing as the stranger decree-holder was excepted from the operation of the Act.;