J.S. VERMA, C.J.—This judgment shall also dispose of Special Appeal No. 76 of 1981 and Special Appeal No. 77 of 1981. The common question involved for decision in all these three matters relates to the constitutional validity of clause (iii) of sub-sec. (1) of Section 6 of the Rajasthan Pre-emption Act, 1966.

2. Plaintiff Kanmal filed Civil Suit No. 10 of 1974 in the Court of District Judge, Jodhpur, claiming a decree for pre - emption on the basis of his right of pre-emption contained in Section 6(1)(iii) of the Rajasthan Pre-emption Act, 1966 on the ground of easement of light and air. This suit has been decreed on October 13, 1976 by the Additional District Judge No. 2, Jodhpur, granting a decree for pre-emption to the plaintiff on payment of the sale price of Rs. 13,000/- together with Rs. 9,285/- as cost of improvement of the property incurred by the defendant. Defendant Nen Mal has filed this appeal (First Appeal No. 7. of 1977) against the decree for pre-emption granted in plaintiffs favour, while the plaintiff has filed a cross-objection against the direction to pay Rs. 9,285/-as the cost of improvement incurred by the defendant. The question of constitutional validity of Se

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