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(i) to preserve the integrity of the village and the village community;
(ii) to avoid fragmentation of holdings;
(iii) to implement the agnatic theory of the law of succession;
(iv) to reduce the chances of litigation and friction and to promote public order and domestic confort: and
(v) to promote private and public decency and convenience.

It was held that the ground of "promotion of public order and domestic comfort" and "private and public decency and convenience" had relevance to urban immovable property which was dealt with in s.16 and not to agricultural property which was dealt with in s.15. It also held that the ground of avoidance of chances of litigation had no relevance and further that the ground of avoidance of fragmentation of holdings was of no assistance to sustain the claim of a son to pre-empt in the event of a sale by a sole owner-father as that criterion was of real relevance in the case of the right of pre-emption given to co-sharers and the like. In regard to the ground relating to preservation of the integrity of the village and the village community, the court held that it was not a final and conclusive answer to the argument against the reasonableness of the provision. me court however upheld s.l5(1)(a) as a reasonable restriction in the interest of the general public on the basis of the third ground which was that the next in succession should have the chance of retaining the property in the family. It was observed that the son and other members of the family though not entitled to a present interest in the property or a right to prevent the alienation, would nevertheless have a legitimate expectation founded on and promoted by the consciousness of the community. It was observed that if the social consciousness did engender such feelings, and taking into account the very strong sentimental value that was attached to the continued possession of family property in the Punjab, it could not be said that the restriction on the right of free alienation imposed by s.l5(1)(a) limited as it was to a small class of near relations of the vendor was either unreasonable or not in the interest of the general public.

(i) to preserve integrity of village community;
(ii) to avoid fragmentation of holdings;
(iii) to implement the agnatic theory of succession;
(iv) to promote public and private decency;
(v) to facilitate tenants to acquire ownership rights;
(vi) to reduce litigation consequent to introduction of an outsider on family property or jointly owned property.

These were the very factors which were put forward to support the plea in Ram Sarup's case that s.15(1)(a) was a reasonable restriction on the right to hold acquire or dispose of property conferred by Art. 19(1)(f) of the Constitution. As pointed out in Ram Sarup's case, avoidance of fragmentation of holdings, promotion of private and public decency and reduction of litigation do not seem to have any relevance to the right of pre-emption, vested in the kinsfolk of the vendor. The real question is whether a classification in favour of the kinsfolk of the vendor can be considered reasonable so as to justify a right of pre- emption in their favour for the purpose of preserving the integrity of the village community or implementing the agnatic theory of succession or preserving the unity and integrity of the family, We do not think that the classification can be considered reasonable in the circumstances prevailing today whatever Justification there might have been for the classification in 1960 when the legislature amended s.15 of the Punjab Pre-emption Act. Apart from the courts characterising the right as 'archaic', 'feudal', 'piratical' 'outmoded' and so on, the Punjab legislature recognised the incongruity of the right in modern times and repealed it in 1972. We find it difficult to uphold the classification on the basis of unity and integrity of either the village community or the family or on the basis of the agnatic theory of succession which is again in a way connected with the integrity of the family. It is well known and, we may take judicial notice of it, that not only has there been a green and a white revolution in Haryana, this State is also in the process of an industrial revolution. Industries have sprung up through out the State and the population has been in a State of constant flux and movement. The traditional integrity of the village and the family have now become old wives' tales. Tribal loyalities have disappeared and family ties have weakened. Such is the effect of the march of history and the consequence of industrialisation, mechianisation of agriculture, development of marketing and trade, allurement of professions and office, employment opportunity elsewhere and so on. The processes of history cannot be reversed and we cannot hark back to the traditional rural-family-oriented society. Quite apart from the break-up of the integrity of village life and family life, it is to be noticed that the property in respect of which the right of pre-emption is to be exercised is property of which the vendor or the vendors, as the case may be, have rights of full ownership and their kinsfolk have no present right whatsoever. The right of pre-emption is not to be confused with the right to question the alienation of ancestral immovable property which the male lineal descendants of the vendor have under the Punjab Custom (Power to Contest) Act, 1920. The right of pre-emption is now entirely a statutory right and dissociated from custom or personal law.