JUDGMENT

B.P. Jeevan Reddy, J.-Leave granted. Heard the counsel for the parties.

2. 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.

3. 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 consideration of Rupees eight thousand. On December 5, 1961, the appellant-plaintiff instituted a suit seeking to enforce his right of pre-emption on two grounds, viz., (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 defendant disputed the plaintiff s claim inter alia on the ground that the Gwalior Pre-emption Act is unconstitutional and is unenforceable with effect from the date of the commencement of the