Judgment

WANCHOO, J, : (For himself and Gajendragadkar and N. Rajagopala Ayyangar JJ.) These three appeals which have been heard together raise the constitutionality of certain provisions of the pre-emption laws prevailing in the States of Madhya Pradesh (Rewa-State aeara), Delhi and Maharashtra (Berar-area). Three suits for pre-emptioin were brought by pre-emptors which were decreed, and the present appeals are by purchasers. Though the appeals were heard together as some of the points involved were common, it would be convenient to deal with each appeal separately because the law involved in each case is different.

2. We shall begin with C. A. 270 of 1955. This is concerned with the Rewa State Pre-emption Act, 1946 (hereinafter called the Rewa Act), and particularly with S. 10 thereof, which is in these terms :-

Classes of pre-emptions :-Persons of the following classes shall have a right of pre-emption :

(1) Any person who is a co-sharer or partner in the property sold and foreclosed

(2) Any person who owns any immovable property adjoining the property sold or foreclosed or in case of transfer of tenancy rights, the land which is the subject of such rights.

Provided that among the ab