Sohan Nath Modi J. ,

( 1 ) VIDE judgment dated the 27th August, 1973, made a reference as he had differed with the earlier judgment dated the 28th April, 1972 passed by J. P. Jain J. , in S. B. Civil Second Appeal No. 261/1971 (Prabhu Narain Patwa v. Suraj Narain Sanehi and others ). Jain J. , in substance, held that the customary right of pre-emption founded on Mohammedan Law stood modified by the notification of the State of erstwhile Jaipur dated the 7th April, 1927, and the formalities of Talabs, stood abolished by the said notification.

( 2 ) BEFORE we proceed to decide this reference, we may mention chronological history of the civil proceedings from which the present reference has arisen. The appellant filed a suit for pre-emption on 29th August, 1963 in the Court of Senior Civil Judge, Jaipur City No. 1, when the Rajasthan Pre-emption Act, 1966 was not in force, which was decided on 23rd October, 1971. There, almost all the issues were decided in favour of the appellant, except issues Nos. 5 and 7. Being dissatisfied with the judgment of 23th October, 1971, the appellant filed an appeal before this Court on 11th January, 1972, which resulted in making reference on