DIXIT, J.

1. The common question raised in all these seven cases and which has been referred to us for determination is whether Sub-Ss. (1), (5) and (6) of S. 12. Gwalior Pre-emption Act, Samvat 1992 are repugnant to Arts. 19(1)(f) and 14 of the Constitution of India and are as such void, and whether for that reason the right of preemption can be enforced in the suits out of the six appeals and the revision petition arise.

2. The Gwalior Pre-emption Act was enacted in the former Gwalior State in 1936. On the formation of Madhya Bharat the Act was continued in those territories of Madhya Bharat which formerly comprised the Gwalior State, by virtue of the provisions of Madhya Bharat Regulation of Government Act, 1948 (Act I of 1948). Under Art. 372 of the Constitution, the Act is continuing in force in that part of Madhya Bharat which was formerly Gwalior State. The Act deals with the right of pre-emption accusing on sale of immovable property other than agricultural land.

Section 12 of the Act specifies the classes of persons successively entitled to exercise the right of pre-emotion. Under Sub-S. (1) the first right of pre-emption is given to co-sharers in the property. Sub-