BERI, J.—This second appeal is directed against the judgment and decree of the Senior Civil Judge, Jaipur District Jaipur, dated 19th August, 1958, whereby he rejected the appellants claim for pre-emption.

2. The dispute relates to a Nohra (an enclosed plot of land with few or no constructions) situate in the City of Jaipur. This was sold by Surendra Singh on 28-4-1953 for Rs. 1999/- to Kalyan Sahai. Laduram claiming a right to pre-empt instituted a suit on the grounds (a) that the Nohra adjoins his property on northern side and (b) that his windows and sky-lights from 1st storey to the 4th open towards the Nohra. Technically the basis of the claim was "Shafi-jar", pre-emption on the ground of vicinage and "Shafi-Khalit"—participators in common appendages—as known to the Mahomedan Law. The Munsiff Jaipur District who tried the suit found that the right of pre-emption by custom was recognised in the city of Jaipur; that this right on the ground of vicinage was no longer available in view of the fact that it was held to be ultra-vires the Constitution in Shankarlal vs. Poonamchand (1) that the right to pre-empt on Shafi-Khalect did not accrue to the plaintiff on his alleged right of l

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