The right of pre-emption is a right which runs with the land and passes on the death of the pre-emptor to his legal heirs and they can continue the suit filed by him.

1. This appeal under clause 10 of the Letters Patent must succeed in view of the decision of the Supreme Court in Hazari V/s. Neki, AIR 1968 SC 1205.

2. A suit for pre-emption was filed by Avtar Singh to pre-empt the sale made by his father Jagat Singh. During the pendency of the suit Avtar Singh died. His widow, his mothers and his three daughters, who are his next heirs under the Hindu Succession Act made an application to be impleaded as his legal representatives, so that they could continue the suit. This application was rejected by the trial Court and the suit was dismissed. The legal representatives then preferred an appeal against the order of the trial Court, and the lower appellate Court directed them to obtain letters of a administration to the estate of the deceased and then proceed with the suit. The letters of administration having been obtained, the case was remanded by the lower appellate Court for decision on merits. Against the order of remand by the lower appellate Court a second appeal was preferred by the vendees had been murdered in the meantime and his legal representatives are now on the record.

3. The learned Single Judge took the view that the right of pre-emption was a purely personal right and, therefore, the suit for pre-emption could not be proceeded with by the legal representatives. In this view of the matter he allowed the appeal and dismissed the plaintiffs suit. On a certificate having been given by him, the present appeal under clause 10 of the Letters Patent has been preferred.

4. After the decision of the learned Single Judge the Supreme Court has in Hazaris case, AIR 1968 SC 1205 held the right of pre-emption goes with the land and, therefore, the suit can be carried on by the legal representatives of the deceased pre-emptor. In this connection reference may be made to the following paragraph in their Lordships judgment :" 4. In support of these appeals, learned counsel put forward the argument that the right of pre-emption claimed by the Neki deceased plaintiff was a personal right which died with him upon his death and the legal representatives of Neki were not entitled to be granted a decree for pre-emption. The argument was that the statutory right of pre-emption under the Punjab Act was not a heritable right and no decree for pre-emption should have been passed by the lower Court in favour of the legal representatives of representing the estate of Neki. We are unable to accept the argument put forward by the appellants. It is not correct to say that the right of pre-emption is a emptor to get te retransfer of the property from the vendee who has already become the owner of the same. it is true that the right of pre-emption becomes enforceable only when there is a sale but the right exists antecedently to the sale, the foundation of the right being the avoidance of the inconvenience and disturbances which would arise from the introduction of a strange into the land. The correct legal possession is that the statuary law of pre-emption imposes a limitation or disability upon the ownership of a property to the extent that it restricts the owners right of sale and compels him to sell the property to the person entitled to pre-emption under the statute. In other words, the statutory right of pre-emption though not amounting to an interest in the land is a right which attaches to the land and which can be enforced against a purchaser by the person entitled to pre-empt. In the present case, Neki obtained decrees for pre-emption in all the three suits against the appellants and their decrees were confirmed by the first appellate Court. While the second appeals were pending in the High Court, Neki died and the question is whether under the provisions of O.22, R.1 and O.22, R.11 of the Code of Civil Procedure, the right to sue survived after the death of Neki. In this context, it is necessary to consider the provision of Sec.306 of the Indian Succession Act XXIX of 1925. This section exp