Judgment

VENKATARAMIAH, J. - The two short questions involved in this case are (i) whether the right of pre-emption conferred on a tenant by a customary law is heritable or not and (ii) whether on the death of such a tenant, who had filed a suit for pre-emption his legal representatives can continue the suit.

2. The property in dispute which is a double storied building situated in the town of Jagadhri, District Ambala, Haryana originally belonged to one Om Prakash. Kishan Chand was in possession of a part of the said property as a tenant. Om Prakash sold the entire property including the portion occupied by Krishan Chand to the respondent for a sum of Rs. 23,000/- under a registered sale deed dated 11-7-1980. It is alleged that in the town of Jagadhri there was in force a customary law under which a tenant in occupation of a building had a right of pre-emption. Aggrieved by the sale of the property in his occupation as a tenant, Kishan Chand filed a suit for pre-emption in the Court of the Sub-Judge, II class, Jagadhri in Civil Suit No. 131 of 1980 on 26-8-1980 stating that the value of the portion of the property occupied by him was Rs. 10,000/-. The respondent denied that there wa