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Issues Involved: Whether a co-sharer of Khatedari rights of agricultural land is entitled to claim pre-emption under the Rajasthan Preemption Act, 1966.
Issue 1: Interpretation of Pre-emption Rights The right of pre-emption is viewed strictly as it can impede the owner's right to alienate property. The Act does not extend pre-emption to agricultural holdings, requiring claimants to meet specific provisions. A co-sharer can claim pre-emption under Section 11 of the Act if the sale amounts to transfer of ownership as per Section 2(vii) of the Act. Issue 2: Nature of Khatedari Rights Examining khatedari rights to determine if they constitute ownership. A khatedar tenant, while having certain rights, does not possess absolute ownership necessary for pre-emption. Transfer of khatedari rights is considered a transfer of subordinate right, not ownership, hence pre-emption rights do not apply. Conclusion: The Court held that a khatedar tenant's transfer of agricultural land does not grant co-sharers the right of pre-emption, as ownership remains limited. The appeals were dismissed, affirming the strict interpretation of pre-emption rights under the Act.
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