Mehar Singh, J.

1. This judgment will dispose of Civil Revision No. 518-D of 1956, against the order, dated November 26. 1956, of the Subordinate Judge, 2nd Class, of Delhi, rejecting a plea in defence by the defendant, who is the petitioner, that Section 16 of the Punjab Pre-emption Act, 1913 , (hereinafter to be referred to as the Act), is ultra vires the provisions of the Articles 14 and 19 (1) (f) of the Constitution of India, and Civil Miscellaneous Application No. 1224-D of 1956 under Article 228 of the Constitution of India for withdrawal of the case from the trial Court for determination of the question of law as to the interpretation of the said Articles of the Constitution. (2) On January 31, 1956, the defendant purchased the house in suit and Nanak Singh Plaintiff, who is the respondent in this Court in both the cases, has brought a suit to preempt that sale on the grounds:

(1) That he is a co-sharer of the vendors in a part of the property sold, that is, in the staircase, the courtyard, deorhi, entrance, chabutra and latrines,

(2) that the sale is of a property having a staircase common to the property owned by him,

(3) that the sale is of a property having an e