JUDGMENT

SANJAY KISHAN KAUL, J.

1. The right of pre-emption holds its origination to the advent of the Mohammedan rule, based on customs which came to be accepted in various courts largely located in the north of India. This law is stated to be largely absent in the south of India on account of the fact that it never formed a part of Hindu law in respect of property. However, this law came to be incorporated in various statutes, both, prior to the Constitution of India (for short ‘the Constitution’) coming into force, and even post that Bhau Ram v. Baij Nath Singh & Ors., AIR 1962 SC 1476. The constitutional validity of such laws of pre-emption came to be debated before the Constitution Bench of this Court, in Bhau Ram (Supra). There are different views expressed by the members of the Constitution Bench of five Judges, and also dependent on the various State legislations in this regard. Even though there were views expressed that this right of pre-emption is opposed to the principles of justice, equity and good conscience, it was felt that the reasonableness of these statutes has to be appreciated in the context of a society where there were certain privileged classes holding land