The Trial Judge decreed the suit on July 31, 1967.
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 plaintiff also relied upon an alleged customary right of pre emption.
the respondent, Kanhaiyalal, preferred an appeal which was allowed by the learned District Judge.
In Bishan Singh v. Khazan Singh A.I.R. 1958 S.C. 838 1959 S.C.R 878, Subba Rao, j., speaking for a three judge Bench, observed that the right of pre emption being a very weak right, it can be defeated by all legitimate methods, such as the vendee allowing the claimant of a superior of equal right being substituted in his place See Para 11.
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grounds on which the learned District Judge allowed the appeal are i inasmuch as the Gwalior Pre emption Act has been repealed pending the said appeal i e .
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 date of the companymencement of the Constitution of India.
The said custom does number and cannot revive on the repeal of the said enactment.
The companyrectness of the view taken by the High Court is challenged in this appeal.
On December 5, 1961, the appellant plaintiff instituted a suit seeking to enforce his right of pre emption on two grounds, viz.,
The High Court has companystrued the said words as meaning the final and operative decree.
The High Court dismissed the second appeal agreeing with the learned District Judge on the effect of repeal of the Gwalior Act pending the appeal.
on June 28, 1968, the right of pre emption claimed by the plaintiff can numberlonger be enforced.
P. JEEWAN REDDY,J. Leave granted.
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.
Heard the companynsel for the parties.
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.
