GHUDIYA Vs. GORDHAN

JUDGEMENT

(1.) This is the defendants second appeal against an appellate decree of the Additional Commissioner, Jaipur, dated 16 -5 -1955 upholding the decree of the trial court passed against the appellants in a suit for pre -emption.

(2.) We have heard the learned counsel appearing for the parties and have examined the record as well. The first contention raised on behalf of the appellant before us is that the law of Pre -emption as contained in sec.II of the Jaipur Tenancy Act, 1945 is void as it infringes the provisions of Art. 19 (1) (f) of the Constitution of India. It is provided therein that "all citizens shall have the right to acquire, hold and dispose of property."It has been argued that the right of pre -emption is a restriction upon the exercise of this right. Sub -clause (5)of this Article lays down that - -

(3.) This view was confirmed in a subsequent decision of the same High Court in a case reported in A.I.R. 1954 Punjab -55. These cases were examined by their Lordship of the Rajasthan High Court in 1956 RLW 336=A.I.R. 1955 Raj. 140. That case, however,related to residential house and their Lord -ships were pleased to observe above these cases that - -