A.N.Bhandari, J.

1. On 17-9-1951 one Mehraj-ud-Din sold two houses which are situate within the city walls of (sic) to one Sarda Ram for a sum of Rs. 5,990/-. On the 8th August 1952 one Abdul Majid who owned a house adjoining the house in dispute, brought a suit for possession by pre-emption on the ground that he was entitled under the custom of pre-emption prevailing in the locality where these houses are situated to pre-empt the sale of the said houses. The trail Court granted a decree in favour of the pre-emptor, and the vendee has come to this Court in appeal.

2. When this appeal came up for hearing before a Division Bench of this Court, the attention of the learned Judges was invited to a recent decision of this Court reported as Kesar Devi V/s. Nanak Singh, AIR 1958 Punj 44 in which a Division Bench of this Court had expressed the view that right of pre-emption on the basis of vicinage or contiguity is repugnant to the provisions of Art. 19(1)(f) of the Constitution. As the view taken by the Division Bench in the said case was in conflict with the view taken by a Full Bench of the is Court in Uttam Singh V/s. Kartar Singh, AIR 1954 Punj 55 and as the point was likely