BHIMRAO EKANTH Vs. PATILBUA RAMKISHAN

JUDGEMENT

(1.) Two questions bearing on the law of pre-emptions have been referred to us by the learned chief Justice on the recommendation of Justice Miabhoy. these questions are:-

(2.) We heard both the matters together and at considerable length. My learned brogher proposes to examine in detail the arguments advanced before us as well as the various decisions, which were cited at the bar. since the main question that is, whether the law of pre-emption has been rendered void by the Constitution is of considerable importance, I wish to express, though very briefly, my opinion thereon.

(3.) It was urged, on behalf of the appellants in Second Appeal No. 1743 of 1957 and the defendants in the Civil reference No. 14 of 1959, hat the law of pre-emption imposes undue and unwholesome restrictions on the right to hold and dispose of property that it operates as a clog on the right of transfer of property and that the law is not in accordance with the principles of justice, equity and good conscience and, therefore, it is violative of the provisions of Article 19(1) (f) of the Constitution. Since accortding to them, it is violative of those provisions, it has been rendered void by the provisions of clause (1) of Acrticle 13 of the Constitution.