- (1.) Sri W.H.Khan, Senior Advocate, assisted by Sri J.H.Khan, learned counsel for appellants is present. None has appeared on behalf of respondents though this appeal has been called in revise. Since appeal is old one, relates to the year 1978, hence I proceed to hear and decide the same ex parte.
(2.) This is defendants' appeal under Section 100 of Code of Civil Procedure (hereinafter referred to as "C.P.C.") arising from judgment and decree dated 01.6.1978 passed by Sri I.P.Singh, Vth Additional District and Sessions Judge, Saharanpur, in Civil Appeal No.337 of 1976 dismissing the same and confirming judgment and decree dated 18.9.1976 passed by Sri R.C.Pandey, Civil Judge, Saharanpur decreeing Original Suit No.42 of 1972.
(3.) Appeal was admitted vide order dated dated 17.7.1978 on the substantial questions (A) and (D), which read as under : "A.Whether right of pre-emption is barred by the Constitution of India as it imposes an unreasonable restriction to hold the property? , D.Whether plaintiff was entitled to pre-emption even when he did not perform the necessary Talabs according to law." (emphasis added) ;