conferred the right of pre-emption on the ground, inter alia
of vicinage. The proviso to S. 10 provided that among pre-
emptors ... Rewa Act which
provided for pre-emption on the ground of vicinage imposed
unreasonable restrictions on the right to acquire, hold or
dispose of property
High
Court was - whether the law of pre-emption
based on vicinage is void as held by this Court in
the case of Bhau ... appeal
held that the law of pre-emption on the ground of
vicinage could not be held to be void and
unconstitutional in view
therein is nothing except a right of pre-emption based merely on vicinage, which has been struck down by the Supreme Court in Bhau ... above Clause (iii) is based on easement and not merely on vicinage and, therefore, the provision is not invalid. It is urged that
person a preferential right to get a property on the ground of vicinage had become unconstitutional. The plaintiff could not, therefore, base his claim ... which entitles a person to pre-empt on the ground of vicinage or sharing in appendages has become bad.
8. Before addressing ourselves to this
rise to a right of pre-emption.
(4) Thut the rule of vicinage or contiguity did not apply to large estates like separate mahals ... bounds. In regard to the claim on the basis of "vicinage," it held that though ordinarily when mahals had been separated no right
dismissed declining the prayer of pre-
emption on the ground of vicinage as was sought for by
the petitioner-appellant, who will be called ... filed the application for pre-emption within
time on the ground of vicinage by depositing the
requisite amount in Court.
3. In turn, as reveals
conferred the right of pre-emption on the basis of contiguity and vicinage as unconstitutional and held that the restriction of vicinage was unreasonable ... Bench in AIR 1963 J & K 27 held the ground of vicinage as unconstitutional. In the case reported
relevant enactment giving a right of pre-emption on the ground of vicinage was void as contravening Article 19(1)(f) of the Constitution ... restriction imposed by the statutory right of preemption on the ground of vicinage is a reasonable restriction. Since the impugned enactment relates only to immovable
that there is no law of pre-emption on the ground of vicinage,
amenities and appendages by custom as it creates an unreasonable
restriction ... that the claims of the plaintiffs
are based on the custom of vicinage on the ground on common amenities
and appendages. The trial court considered
emption Act which gave a right of pre-emption
based on vicinage and the provisions of the Punjab Pre-
emption Act, 1913 which gave ... Constitution. It was
held that a right of pre-emption by vicinage offended
Art.19(1)(f) and that a right of pre-emption
