WANCHOO, C. J.—This is an appeal by Shankerlal against the judgment and decree of the Civil Judge, Jodhpur, in a pre-emption suit.

2. The suit was brought by Poonam Chand for pre-emption with respect to the sale of a house in favour of Shankerlal. The right was based on vicinage as provided in the third clause of sec. 3 of the Law of Pre-emption in Marwar. The trial court decreed the suit, and therefore the defendant has come in appeal to this Court.

3. The relevant portion of sec. 3 is as follows: —

"The right of pre-emption in respect of a house or a building plot shall belong to the undermentioned in the following order :—

1st............................

2nd..........................

3rd—to a person owning immovable property touching the house or building plot in respect of which pre-emption is claimed.

A question was raised that the law of pre-emption has been invalidated in view of the provisions of Arts. 13 and 19 of the Constitution. The matter was considered in a Full Bench Decision of this Court in Panch Gujar Gaur Brahmans vs. Amarsingh (1) (1954 RLW, 204.). The question there arose with respect to Shafi-i-jar in the Mohammedan Law of pre-emption which prevailed in the town of B

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