Harnam Singh, J.

1. In Civil Original No. 62 of 1952 the question that arises for decision is whether the Punjab Pre-emption Act, 1913, hereinafter referred to as the Act, is ultra vires the Constitution of India.

2. Briefly summarised, the facts material to the point under consideration are these. On 29-8-1951, Uttam Singh instituted Civil Suit No. 173 of 1951 for possession by pre-emption of the land sold by defendant 4 to defendants 1 to 3 on 13-9-1950. In para. 4 of the plaint it was stated that compared with defendants 1 to 3 the plaintiff possessed a preferential right to purchase the land in suit for the following reasons:

(a) That the plaintiff is proprietor with share in the shamilat in mauza Majri while defendants 1 to 3 are not proprietors of land in that mauza and

(b) That out of the land included in Khata Nos. 207 and 208, Khasra Nos. 1264, 126S and 1268, the plaintiff owns land measuring 50 bighas 4 biswas and that the land in suit was a part of khata Nos. 205 and 208, khasra Nos. 1265 and 1268.

3. In the court of first instance defendants 1 to 3 pleaded inter alia that the Act was ultra vires the Constitution of India. In those circumstances Uttam Singh plain