RAM RAKH Vs. GULAB

JUDGEMENT

(1.) THIS a petition under Artical 228 of the Constitution of India.

(2.) THE petitioner, Ram Rakha, instituted a suit for possession by pre-emption of a certain house situated in Mohalla Tikkiwalan Jaipur, which had been sold by Bijay Singh, respondent No. 2, to Mst. Gulab, respondent No. 1, by a deed dated 30th of March, 1951. THE pre-emption was claimed on the ground that the plaintiff was Shafi-i-sharik, that is, a partner in the substance of the thing sold, while the vendee was a stranger. Various pleas were raised in defence by the vendee, one of which was that the claim of preemption, which, in the present case, was, based on custom, was inconsistent with the fundamental right conferred by Article 19 (1) (f) of the Constitution of India, and was, therefore, rendered void by Article 13 of the Constitution. THE learned Munsif, in whose court the suit was instituted, framed certain issues, of which issue No. 4 was: - "whether the claim on the ground of pre-emption was inconsistent with the provisions of the Constitution of India, and therefore, void?" THE plaintiff made an application for withdrawing the case to this Court as in involved a substantial question of law as to the interpretation of the Constitution. THE case was withdrawn by an order of this Court dated 25th of November, 1954, for determining the question of law involved in issue No. 4 framed by the trial court.