JUDGMENT

R. M. SAHAI, J.

( 1 ) THE short and the only question that arises for consideration in these appeals is whether a co- sharer of Khatedari rights of agricultural land is entitled to claim pre-emption under the Rajasthan Pre -emption Act, 1966 (hereinafter referred to as the Act ).

( 2 ) RIGHT of pre-emption has not been looked upon favourably as it operates, as a clog on the right of the owner to alienate his property. In Radhakishan Laxminarayan Toshniwal v. Shridhar Ramchandra Alshi, AIR 1960 SC 1368 : 1961 (1) SCR 248 , it was observed that to (To) defeat the law of pre-emption by any legitimate means was not fraud. Therefore, availability of this weak or archaic right has to be construed strictly. In the Act, there is no provision extending the benefit of pre-emption to agricultural holdings. A person claiming pre-emption, therefore, has to squarely fall within the four corners of the provisions contained therein.

( 3 ) THE right of pre-emption is defined in Section 3 to mean, a right accruing under Section 4 of the Act upon transfer of any immovable property to acquire such property and to be substituted as the transferee thereof in place of and in preference to the ori