1959 Supreme(Raj) 240
DAVE, BHANDARI, BAPNA
Nathuram – Appellant
Versus
Patram – Respondent
Advocates Appeared:
J.P. Jain, for Nathuram, Mangilal and Maharaja Kumar Yashwant Singh; R.K. Rastogi, for Ramdayal; R.A. Gupta, for Patram, Heta and Lallu; P.C. Bhandari, for Kalyan Bux; M.M. Kasliwal, for Madan Gopal and Anand Behari
Bhandari, J.—All these three appeals arise in pre-emption suits. The principal point for determination in the first two appeals is as to the extent to which the provisions of the Alwar State Pre-emption Act (Act No. VII of 1946) hereinafter called the Alwar Act, are void under Art. 13(1) of the Constitution on the ground that they infringe the rights of a citizen to acquire, hold and dispose of property as guaranteed under Art. 19(l)(f) of the Constitution. In the third appeal, the question relates to the extent to which the custom of pre-emption was void under Art. 13(1). The determination of these points will require the examination of the correctness of the authorities of this Court in Punch Gujar Gaur Brahman{l) and Shankar Lal vs. Poonam Chand (2) and the other cases following these two authorities. These appeals came up for decision before Single Judges of Court and in view of the decision of their Lordships of the Supreme Court in Shri Audh Behari Singh vs. Gajadhar Jaipuria (3), these cases had been referred to the larger Benches and this Special Bench has been constituted to hear all these appeals. We propose to dispose of these appeals by one common judgment as the princi
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