JUDGMENT

PUNCHHI, J.:- This appeal directed against the Judgement and order of learned single Judge of the Punjab and Haryana High Court dated Feburary 1, 1983, passed in Regular Second Appeal No. 1611 of 1973, raises two questions of importance, on the true interpretation of clause Fourthly in S.15(1)(a) of the Punjab Pre-emption Act, 1913 as applicable to the State of Haryana being:

(i) whether an agricultural tenant inducted by the usufructuary mortage has a right of pre-emption over the sale made by the mortgagor - vendor and

(ii) whether an agricultural tenant holding under tenancy of the vendor a part of the sold land is entitled to pre-empt the entire sale

2. Following are the facts as gathered from one or the other Judgement of the three Courts below:-

Some land including 50 Kanals 6 Marlas of land in Khasra numbers 294/9 (9-12), 1 (6-16), 2(3-2 ), 10 (7-8), 12 (8-0) and 13(8-0) situated in village Bhattukalan, Tehsil Fatehabad, District Hissar was owned by one Mool Chand. As per revenue records adduced in evidence before the learned trial Judge, the land stood tenanted even prior to the year 1946 and was in the year 1950 with one Net Ram Gosain. In 1951, Mool Chand died and e