The defendant disputed the plaintiffs claim inter alia on the ground that the Gwalior Pre emption Act is unconstitutional and is unenforceable with effect from the date of the companymencement of the Constitution of India.
The respondent, Kanhaiyalal, preferred an appeal which was allowed by the learned District Judge.
1 an agreement said to have been executed by Nath Mal, father of Ram Chander agreeing to give the plaintiff the right of first purchase in the event of sale of the said house and 2 the Gwalior Pre emption Act which created a right of pre emption in favour of dominant heritage holder vis a vis servient heritage holder.
The grounds on which the learned District Judge allowed the appeal are i inasmuch as the Gwalior pre emption Act has been repealed pending the said appeal i.e., on June 28, 1968 , the right of pre emption claimed by the plaintiff can numberlonger be enforced.
The plaintiff also relied upon an alleged customary right of pre emption.
On December 5, 1961, the appellant plaintiff instituted a suit seeking to enforce his right of pre emption on two grounds, viz.,
On December 5, 1960, the respondent Kanhaiyalal, purchased the suit house from Ram Chander and others under a sale deed, which was registered on December 10, 1960, for a companysideration of Rupees eight thousand.
The Trial Judge decreed the suit on July 31, 1967.
P. Jeevan Reddy, J. Leave granted.
Heard the companynsel for the parties.
This appeal is preferred against the judgment of the learned Single Judge of the Madhya Pradesh High Court dismissing the second appeal preferred by the appellant plaintiff herein.
