- (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 plaintiff applied under Article 228 of the Constitution of India for action under that Article. On the application of Uttam Singh plaintiff, Khosla J. ordered: "let the case be withdrawn and transferred to this Court. To be heard with similar cases In which the same point arises. ";