The right of preemption does not accrue upon the transfer of Khatedari rights in agricultural land by a Khatedar tenant.

1. - These three appeals can be conveniently disposed of by a single order as the only question involved in all the three appeals is the same namely, whether the right of preemption accrues on the sale of Khatedari rights in agricultural land under the provisions of the Rajasthan Preemption Act, 1966 (hereinafter to be referred to as "the Act of 1966") The suits instituted by the preemptors in all the three case were dismissed by the trial court. When First Appeal No. 104 of 1970 came up for hearing before the learned Single Judge, he noticed that there were two Single Bench decisions of this court taking conflicting views in the matter. In Prabhu Dayal v. Mahadeo Math 1972 WLN 455 , It was held by Gattani J., as he then was, that a suit for preemption In respect of sale of Khatedari rights is maintainable. However, in civil revision petition No. 53 of 1959 Kishan Gopal v. Shivjiram and Ors., decided on January 20, 1969 , Jagat Narayan J. as he then was dismissed summarily the appeal filed by the plaintiff preemptor on the ground that there can be no preemption of tenancy rights under the Rajasthan Preemption Act of 1966. S.N. Modi J. before whom these appeals came up for hearing, having noticed the aforesaid conflict of views, has referred this case to a larger Bench. The two other appeals, namely, First Appeal No. 96 of 1970 and First Appeal No. 14 of 1971, have, also been connected with First Appeal No. 104 of 1970.

2. Since the point arising in all the three cases is purely one of law we do not consider it necessary, to narrate the facts(SIC) each case-Suffice it to say that the plaintiff in all the three cases, instituted-suits for preemption In respect of transfer of Khatedari rights in agricultural land. The learned Additional District Judge, Sri Ganganagar, upheld the contention raised on behalf of the defendants that no suit for preemption can lie in respect of sale of Khatedari right in agricultural land and dismissed the suits.

3. For a correct appraisal of, the, contentions raised by the learned Counsel for the parties, it is necessary to notice the relevant provisions of the Act of 1966.

Section 2(iv) Immovable property meant land of house property wherever situate in the State;

Section 2(v). - 'Land' includes things attached to the earth or permanently fastened to anything attached to the earth, when sold or foreclosed along with the land to which they are attached but not otherwise;

Section 2(vii). - 'Sale' means a transfer of ownership in Immovable property in exchange for a price paid or promised or partly promised;

Section 2(viii). - 'transfer' means a sale, or a mortgage where the final decree for foreclosure in respect thereof has been passed.

Section 3 - 'Right of preemption' defined the 'right of preemption' is the right accruing under Section 4 of this Act, upon and to be substituted as the transferee thereof in place of and in preference to the original transferee and preemption' means a person having a right of preemption.

Section 4. - Cases in which right of preemption accrues: subject to the provisions contained in Section 5, the right of preemption shall, upon the transfer of any Immovable property, accrue to the persons mentioned in Section 6

Section 5 Cases in which right of preemption does not accrue: (1) The right of preemption shall not accrue

(a) upon the transfer or a shop, karta, sarai, musafirkhana, dharamshala, temple, mosque or other similar buildings; or

(b) upon a sale

(i) by or to the Central or the State Government.

(ii) by or to any local authority, or

(iii) to any company under the provisions of part VII of the Rajasthan Land Acquisition Act, 1953 Rajasthan Act 24 of (1953), or

(iv) for the purpose of manufacturing industry, or

(c) on a transfer to any of the persons mentioned in Section 6 to any person who has an equal or inferior right of preemption; or

(d) In the case of a transfer by joint owners, to a part to such transfer; or

(e) in respect of

(i) any sale in execution of a decree of