Summarize the following court judgment. ivil Appeal No. 672 of 1962. Appeal by special leave from the judgment and order dated December 10	 1958	 of the Patna High Court in Appeal from Appellate Decree No. 716 of 1954. S.P. Varma	 for the appellants. Sarjoo Prasad and Mohan Behari Lai	 for the respondents. 107 October 10	 1963. The Judgment of P.B. Gajendragadkar	 K. Subba Rao	 K.N. Wanchoo and J.C. Shah JJ.	 was delivered by Subba Rao J. Raghubar Dayal J. delivered a separate Opinion. SUBBA RAO J. This appeal by special leave is directed against the judgment of the High Court of ' Judicature at Patna and raises mainly the question of the scope of the right of pre emption under the Mohamedan law as applied by custom in Bihar. The facts lie in a small compass. On June 17	 1930	 Chathilal Sah of Sahebganj	 who was the owner of a house and two golas bearing holdings Nos. 184 and 185 situated in mahalla Sahebganj	 executed a will bequeathing the said property to his daughter Parbati Kuer and nephew Ram Swarup in equal shares. Under the said will Ram Swarup was to get the entire property in case Parbati Kuer died unmarried or issueless. On July 18	 1940	 Ram Swarup sold one half of the said property to the plaintiff respondent 1. On July 27	 1942	 the plaintiff respondent 1 acquired under a patta some lands adjoining the said property. On October 10	 1949	 defendant 3 (respondent 3 herein)	 alleging to be the husband of the said Parbati Kuer	 sold the remaining half of the disputed property to defendants 1 and 2. It may be mentioned at this stage that the land on which the said house and golas stand is Dih Basgit Lagani (rent paying) land. On December 10	 1949	 respondent 1 filed Title Suit No. 214 of 1949 in the First Court of the Munsif at Chapra for a declaration that he has a right to pre empt the property purchased by appellants 1 and 2 and for directing them to transfer the said property to him. To that suit	 the first appellant and his two sons were made defendants 1	 2 and 2A and their vendor was made defendant 3. The defendants contested the suit	 inter alia	 on the ground that the ceremonies of pre emption were not performed and that under the Mohamedan	 law the plaintiff was not entitled to pre emption	 as the land on which the said house and golas stood was "rent paying" land. The learned Munsif dismissed the suit. But	 on appeal the Subordinate 108 Judge of Chapra allowed the appeal and granted a decree for pre emption in favour of the plaintiff respondent 1. On appeal	 the High Court agreed with the Subordinate Judge and dismissed the appeal. Defendants 1	 2 and 2A have preferred the present appeal by 'special leave against the Judgment of the High Court. Mr. Varma	 learned counsel for the appellants	 raised before us the following four points: (1) the right of pre emption infringes the fundamental right of a citizen under article 19(1) (f) of the Constitution and it is not saved by cl. (5) thereof: (2) the first respondent failed to establish his title and	 therefore	 his suit should have been dismissed on that ground; (3) the ceremonies of pre emption were performed only on October 11	 1949 whereas the sale deed in favour of the appellants was executed and registered on October 20	 1949 and	 as the said performance of the ceremonies was premature	 they having been performed before the sale was completed	 the right of pre emption could not be enforced; and (4) there is no right of pre emption in respect of leasehold interest and	 therefore	 there cannot be a right of pre emption in respect of a house standing on such land	 as Mohamedan law does not recognize a right of pre emption in mere super structure. Mr. Sarjoo Prasad	 learned counsel for the respondents controverts the correctness of the said propositions. We shall deal with his arguments in the course of the judgment. To appreciate the first contention	 some dates may be recapitulated. Respondent 1 purchased one half share of the property by a sale deed dated July 18	 1940. Appellants 1 and 2 purchased the other half of the property on October 10	 1949. The suit was filed on December 10	 1949. The Munsif dismissed the suit on April 14	 1953. The Constitution came into force on January 26	 1950. The appellants had no fundamental right on the date when they purchased the property. But it is said that under the law of pre emption a person who seeks the assistance of a court with a view to enforce the right of pre emption is bound to establish that the 109 right existed on the date of the sale	 on the date of the institution of the suit	 and also on the date of the decree of the primary court See Nuri Mian vs Ambica Singh(1) and	 therefore	 the restriction on the appellants ' fundamental right to acquire the property was not finally imposed before the Constitution	 but became crystallized into an irrevocable restriction only at the time of the passing of the decree which was subsequent to the coming into force of the Constitution. We need not express our opinion on this question	 as it has been held by this Court in Bhau Ram vs Baij Nath(2) that a right of pre emption vis a vis co sharers was not an unreasonable restriction on the fundamental right of a person to acquire	 hold and dispose of property. But learned counsel contends that decision should be confined to a case of co sharers who are related to each other	 and should not be extended to co sharers who are not related to each other. Reliance is placed upon the following observations in that judgment found at p. 1483: "If an outsider is introduced as a co sharer in a property it will make common management extremely difficult and destroy the benefits of ownership in common. " This sentence does not	 in our view	 sustain the distinction sought to be made by the learned counsel between co sharers who are relatives and co sharers	 who are not relatives. The word "outsider" in the said passage can only mean a person who is not a co sharer. The judgment of this Court finally settled the question as between co sharers. Following the decision we hold that the law of pre emption vis a vis co sharers does not infringe the fundamental right conferred under article 19 (1) (f) of the Constitution. The second question	 namely	 that of the plaintiff 's title does not call for consideration by us. It was not raised in the courts below	 and it being a pure question of fact	 we cannot allow it to be raised for the first time before us. We	 therefore	 disallow it. (1) Cal. (2) ; 110 The next point raised by the learned counsel is that the ceremonies of pre emption performed in this case were premature	 as the sale was completed only on October 20	 1949 whereas the ceremonies were performed on October 11	 1949. This Court	 by a majority	 held in Ram Saran vs Domini Kuer(1) that the registration under the Registration Act is not complete till the document to be registered has been copied out in the records of the Registration Office as provided in section 61 of that Act. Learned counsel contends that a perusal of the sale deed dated October 10	 1949	 ex facie shows that it was copied only on October 20	 1949. The question as to when a document was copied out in the concerned register is certainly a question of fact. The argument was not raised either before the trial court or before the first appellate court. No issue was framed on the point. It was raised for the first time before the High Court. The learned Judges of the High Court pointed out that if the appellants wanted to take advantage of the said point	 it was their duty to have raised it either in the trial court or in the first appellate court and to have adduced evidence by calling for the register from the registration department to show on what date the actual copying of the record was made under section 61 of the Registration Act. In the circumstances	 the learned Judges refused to allow the appellants to raise the point. The High Court	 in our opinion	 was certainly right in disallowing the appellants from raising the question of fact for the first time in second appeal. If the plea had been taken at the earliest point of time	 the respondents might have had many defences and might have explained the various dates found on the documents. We cannot allow the appellants to raise the said plea. Now we come to the substantial point raised in the appeal. The right of pre emption is sought to be enforced in respect of a rent paying land with a house thereon. Learned counsel for the appellants contends that the right of pre emption does not arise (1) ; 111 on the sale of a leasehold interest in land and that in the absence of such a right there cannot be a right of pre emption in respect of the super structure alone. Learned counsel for the respondents	 on the other hand	 contends that under Mohamedan law the right of pre emption exists in the case of akar i.e.	 a house or mansion	 to enable the co sharer to have peaceful enjoyment thereof and that the fact that there is no right of pre emption in respect of a leasehold interest in land does not in any way detract from that right. He further contends that whatever might have been the strict incidents of the right of pre emption under Mohamedan law	 this Court cannot ignore the modern evolution of law recognizing the transferability and heritability of leasehold interest in land. Before we consider the problem thus presented for our decision	 it would be convenient at the outset to notice certain general principles relevant to the present enquiry. It has not been disputed that Hindus in the Province of Bihar came to adopt the Mohamedan law of pre emption as a custom. This was because under the Muslim rule the law of pre emption under the Mohamedan law was administered as a rule of common law of the land in those parts of the country which came under their domination. We must	 therefore	. look to Mohamedan law to ascertain the incidents of the right of pre emption unless it is established in a particular case that by custom the said law has been modified to any extent. Being a customary law	 it is not permissible for courts to extend the custom beyond the limits within which upto now it has been recognized. The concept of rationalization is out of place in the ascertainment of the customary incidents of the right of pre emption. This Court in Bishan Singh vs Khazan Singh(1) considered the law on the subject and laid down the propositions flowing from the discussion. The following propositions are relevant to the present enquiry: (1) The right of pre emption is simply a right of sub (1) 78. 112 situation	 but not of re purchase i.e.	 the pre emptor takes the entire bargain and steps into the shoes of the original vendee; (2) it is a right to acquire the whole of the property sold and not a share of it; and (3) the right being a very weak right	 it can be defeated by all legitimate methods	 such a.s the vendee allowing the claimant of a superior or equal right being substituted in his place. It is	 therefore	 settled law that the pre emptor must take the entire bargain: he cannot split up the bargain and claim to be substituted in respect of a portion of it either on the ground that he does not require a part of it or for the reason that he is entitled to claim pre emption only in respect of a part of it. Further	 the right being a weak one	 a court need not be astute to rationalize the doctrine so as to make it fit into modern trends of property law. Indeed	 it should be reluctant to extend it beyond the incidents clearly recognized by Mohamedan law or by custom. With this background let us now turn to the question that arises in this case. The subject can conveniently be considered under three heads: the pre emptor; (ii) the vendor; and (iii) the property in respect of which the right is claimed. In Baillie 's "Digest of Moohummudan Law" the following passage appears at p. 478: "When it is said that akar (such as mansions	 vine yards and other kinds of land) are proper objects of the right of pre emption	 it is by virtue of a right of milk	 or ownership	 that they are so. " Mahmood 3. in Gobind Dayal vs Inayatullah(1) observed at p. 779 thus: "pre emption is a right which the owner of certain immovable property possesses	 as such	 for the quiet enjoyment of that immovable property	 to obtain	 in substitution for the buyer	 proprietary possession of certain other immovable property	 not his own	 on such terms as these 113 on which such latter immovable property is sold to another person. " The same learned Judge in Sakina Bibi vs Amiran(1) states that in the pre emptive tenement (the tenement by the ownership of which the pre emptor wants to exercise his right of pre emption )	 the pre emptor should have vested ownership and not a mere expectancy of inheritance or a reversionary right	 or any other kind of contingent right	 or any interest which falls short of full ownership. Beaumont C.J. in Dashrathlal vs Bai Dhondubai(2)	 after considering the law on the subject	 accepted the view that the custom of preemption only exists as between free holders	 that is to say neighbouring lands in respect whereof the custom is claimed to apply must be freehold and that the land sought to be pre empted must also be free hold. This Court	 in Shri Audh Bihari Singh vs Gajadhar Jaipuria(3)	 has laid down the correct legal position thus: ". . the benefit as well as the burden of the right of pre emption run with the land and can be enforced by or against the owner of the land for the time being although the right of the pre emptor does not amount to an interest in the land itself." This legal requirement of the full ownership of the pre emptor may be traced either to the fact that "in ancient times Mohamedan law did hot recognize leases although it recognized hire of|and for the purpose of user	 or to the circumstance that the right was conferred to enable the pre emptor to prevent an undesirable person from becoming his neighbour" which would not be the case if he was only a temporary occupant of the property in respect whereof the right arose. Whatever may be the reason	 it may safely be held now that the pre emptor must be the owner of the property in respect whereof he claims the right of pre emption. (1) (1888)I.L.R.10 All. 472	 477. (2) A.I.R. 1941 Bom.262. (3) ; 	 80. 1 SCI/64 8 114 The next question	 namely	 the quantum of interest which the vender shall possess in the land sought to be pre empted depends upon the doctrine of reciprocity. Unless the land in respect of which the custom is claimed and the land sought to be pre empted are freeholds	 the principle of reciprocity will be defeated. To illustrate: "A" has full ownership in a land in respect of which he claims the right of pre emption;the co sharer vendor has only a leasehold interest in respect of the land sought to be pre empted; if the pre emptor had sold the land earlier	 the vendor having only a leasehold interest in his land	 could not have claimed the right of pre emption in respect of his land	 for he had no full ownership in the land. The absence of this reciprocity gives an advantage to one of the sharers which the Mohamedan law does not permit. This doctrine of reciprocity has been succinctly stated by Mahmood J. in Gobind Dayal vs Inavatullah(1) in the passage we have extracted earlier. In Mt. Bibi Saleha vs Amiruddin(2) the said doctrine was restated. It was held therein that a mukarraridar holding under a co sharer had no right to pre empt as against another co sharer and as a mukarraridar could not claim pre emption	 the co sharer on the doctrine of reciprocity	 which is well understood in the Mohamedan law	 could not claim pre emption against the mukarraridar. A Full Bench of the Bombay High Court in Deshrathlal vs Bai Dhondubai(3) has given its approval to the said principle. This Court in Shri Audh Behari Singh vs Gajadhar Jaipuria(4) succinctly put the legal position in the following words: "The crux of the whole thing is that the benefit as well as the burden of the right of pre emption run with the land and can be enforced by or against the owner of the land for the time being although the right of the pre emptor does not amount to an interest in the land itself. " That leasehold interest is not subject to the law of pre emption has been well settled: see Baboo Ram (1) All. (2) [1929] I.S.R. 8 pat 251. (2) A.I.R. 1941 Bom. (4) ; 	80. 115 Golam Singh vs Nursingh Sabey(1)	 Mohammad Jamil vs Khub Lal Raut(2); Sakina Bibi vs Amiran(3); Phul Mohammad Khan vs Qazi Kutubuddin(4); Moorooly Ram vs Baboo Hari Ram(5); Rameshwar Lal vs Ramdeo Jha(6); and Nathuni Ram vs Gopinath(7). Indeed this legal position has not been controverted by learned counsel for the respondents. Now let us address ourselves to the main contention of the respondents	 namely	 that the right of pre emption exists in the Mohamedan law in respect of akar which includes a building	 that the main purpose intended to be served by the said right is to prevent an undesirable person from becoming the sharer of the house and that	 therefore	 it would be unrealistic to negative that right in the case of a house on the ground that the land on which the house stands is a leasehold interest. Reliance is placed upon the following passage in Charles Hamilton 's "The Hedaya"	 2nd Edn.	 at p. 558: "It is observed	 in the abridgment of Kadooree	 that Shaffa does not affect even a house or trees when sold separately from the ground on which they stand. This opinion (which is also mentioned in the Mabsoot) is approved; for as buildings and trees are not of a permanent nature	 they are therefore of the class of movables. " Relying upon this passage it is contended that	 as in the present case the house was sold along with the ground	 the doctrine of "Shaffa" applies to the house. But this passage must be understood on the assumption that the right of pre emption exists in respect of the land on which the house stands. In Baillie 's "Digest of Moohummudan Law"	 the legal position is made clear. Therein the author says at pp. 479 480: "When a person has purchased a palm tree to cut it down	 or when he has purchased it absolutely	 there is no right of pre emption in it. But (1) (2) [1921] 5 Pat. L.J. 740. (3)[1888] I.L.R. 10 All. 472	 477. (4) A.I.R. 1937 Pat. (5) [1867] 8 W.R.106. (6) A.I.R. 1957 Pat. (7) A.I.R. 1962 Pat. 226 (F.B.) 116 if it be purchased with its roots and the ground on which it stands	 it is liable to the right. The rule is the same with regard to buildings purchased for removal	 and the same buildings purchased with their foundations; and there is no preemption in the former case	 while there is in the latter. " This passage indicates that a building sold as a superstructure is not subject to the right of pre emption	 for it would be in effect a sale of a movable. Unless the house is sold with its foundations	 that is to say with the land on which it stands	 there is no right of pre emption in regard thereto. Though it may be said that in the present case the house was sold with its foundations	 the same principle will have to be applied	 for the right of pre emption cannot be invoked in the case of a leasehold interest. In effect and substance the right is sought to be invoked in the case of the building decors the foundations which the law does not permit. Reliance is placed upon the proposition found in para. 370 of Wilson 's Anglo Muhammadan Law	 which reads: "If a house is sold apart from the ground on which it stands with a view to being pulled down	 so that it is in fact a sale of the materials	 no right of pre emption arises with respect to it. If it is sold for occupation as a house	 then preemption can be claimed on the ground of vicinage by the owner of any adjoining land or house (and perhaps by the owner of the site itself	 supposing him to be a different person from the vendor of the house	 even though he should happen to own no land except that covered by the house). " It is said that the words in the brackets conceding the right of the owner of a site to pre empt the house sold as a house indicates that the real principle is whether the house is sold as a habitate or only as materials and that in the former case irrespective of the ownership of the land or the existence of the right of pre emption in respect thereof	 the sale of the house can be pre empted. The opening word 117 of the passage	 namely	 "perhaps"	 shows that the author himself is not sure of the legal position. That apart	 the illustration only deals with a land in respect of which there can be a right of pre emption	 i.e.	 the owner of the land has a freehold interest therein. Strong reliance is placed upon the decision of a Division Bench of the Allahabad High Court in Zahur vs Nur Ali(1). There	 a dwelling house was sold as a house to be inhabited as it stood with the same right of occupation as the vendor had enjoyed	 but without the ownership of the site. It was held that the right of pre emption under the Mohamedan law attached to such house. The judgment is not a considered one. The learned Judges observed at p. 100 thus: "The seller not only sold the materials of the house	 but such interest as he possessed as an occupier of the soil. The house was sold as a house to be inhabited on the spot with the same right of occupation as the seller had enjoyed. ' ' The learned Judges distinguished the texts cited on the ground that they applied only to the sale of the materials of a house or a house capable of and intended to be removed from its site. This judgment no doubt supports the contention of learned counsel for the respondents; but the learned Judges have not considered the well settled principle that there cannot be a right of pre emption in respect of a land over which the vendor has no full ownership. The decision suffers from the infirmity that the said well settled principle has escaped the attention of the court. Reliance is also placed on the decision of a Division Bench of the Patna High Court in Chariter Dusadh vs Bhagwati Pandey(2). There	 the question was whether the pre emptor had the milkiyat or ownership in the property on account of which he claimed the right of pre emption. The pre emptor was birtdar though he was described as a tenant in the Record of Rights for a particular purpose. The court held (1) (1880)I.L.R. 2 All. (2) A.I.R. 1934 Pat. 596. 118 that he was a full owner. This decision does not really support the respondents. There is a direct decision of a Full Bench of the Patna High Court on the question now raised	 in Nathuni Ram vs Gopinath(1). There	 as here	 a right of pre emption was claimed in respect of a house which stood on a leasehold land. After a full discussion of the subject	 Choudhary J.	 speaking for the Full Bench	 came to the following decision	 at p. 229: "On a careful consideration of the authorities and the principle of law involved in the case	 my concluded opinion is that	in case of a sale of different properties	 the. right of pre emption cannot be exercised with respect to one or some of them only if the enjoyment thereof is dependent on the property over which that right is not and cannot be exercised in law and consequently	 where the land is sold with a house thereon	 pre emption cannot be allowed. with respect to the house only apart from the land over which the right could not be exercised on account of its being a leasehold property. The sale of a house for inhabitation or occupation	 without the sale of its foundations and the land over which the foundations stand	 is inconceivable	 except	 as pointed out in Hedaya	 in case of the sale of the upper story of a house. " We agree with the conclusion. As this judgment has considered the earlier decisions on the subject	 we need not again refer to them. To summarize: A right of pre emption is annexed to full ownership of property of co sharers. It is not attached to property held on subordinate tenure	 such as leases etc. It is an incident of the co sharer 's property operating both as a right and as a burden in different situations. It is a right of substitution taking in the entire bargain. It must take the whole or nothing. It does not matter if the inability to take the whole arises out of a voluntary act or out of a legal limitation inherent in the nature of the (1) A.I.R. 1962 Pat. 226 (F.B.) 119 property transferred. It is reciprocal in operation	 that is	 if the situation was reversed and the vendor became the pre emptor	 he should be in a position to pre empt the co sharer 's whole bargain. The two doctrines which may	 for convenience	 be referred to as "entire bargain" and "reciprocity" cannot ' operate unless both the co sharers are full owners of their respective properties. Akar or a house standing on a freehold land is subject to the right of preemption	 but a house on a leasehold land stands on a different footing. As there is no right of preemption in respect of a land held on a subordinate tenure	 the right of pre emption cannot be enforced against the house either	 as the pre emptor cannot be substituted for the entire bargain. The right must fall also on the ground that the super structure disannexed from the land would be movable property and it is well settled that the right of pre emption cannot be enforced in respect of movables. We	 therefore	 hold that the first respondent has no right to pre empt the sale executed in favour of the appellants. In the result	 the appeal is allowed	 the decrees of the Subordinate Judge 's Court and the High Court are set aside and that of the trial Court is restored. The appellants will have their costs throughout. RAGHUBAR DAYAL J. I agree that the law of pre emption regarding co sharers does not infringe the fundamental right conferred under article 19(1)(g)	 that the pre emptor must be the owner of the property in respect whereof he claims the right of pre emption	 that the vendor must have proprietary right in the property sold and sought to be pre empted	 that the sale of lease hold interest is not subject to the law of pre emption and that the sale of the super structure of a house is not pre emptible. I also agree that the pre emptor must pre empt for the entire property sold if that be pre emptible. I would	 however	 not like to express an opinion upon the point whether	 in certain circumstances	 the pre emptor can or cannot 120 pre empt part of the property sold. There have been cases where partial pre emption has been allowed. Some of the exceptional cases have been referred to at p. 778 of 'Muslim Law as Administered in India & Pakistan ' by K.P. Saksena	 IV Edition. In Zainab Bibi vs Umar Havat Khan(1) the preemptor was allowed to pre empt that part of the property sold which was pre emptible and in support of the decision it was stated at p. 457: "So far as the Mohammedan Law is concerned	 there is no doubt that where several properties are sold in portions of which a pre emptor has the right of pre emption	 he is entitled to preempt that portion only on payment of a proportionate price. On this point there was a consensus of opinion among the three Imams as quoted in the Fatawa Alamgiri	 referred to in Omur Khan vs Mooras Khan (1865 N.W.P. H.C.R. 173	 174)" This Court did express an opinion in Bishan Singh vs Khazan Singh(2): "The general law of pre emption does not recognize any right to claim a share in the property sold when there are rival claimants. It is well established that the right of pre emption is a right to acquire the whole of the property sold in preference to other persons (See Mool Chand vs Ganga Jal: ILR 11 Lah. 258	 273) " In that case the dispute lay between two rival preemptors and arose in these circumstances. One preemptor pre empted the entire sale and obtained the decree on condition that he would deposit a certain amount within a certain time. But	 before he could deposit the amount	 the rival pre emptor instituted another suit for the pre emption of the entire property sold and impleaded in that suit the first pre emptor. The rights of the two pre emptors were found to be equal. The entire property sold was clearly pre emptible. It was	 in this context	 that the observation (1) (2) ; 	884. 121 was made. It would be a matter for consideration at the appropriate time whether there can be any exception to this general rule that the entire property sold must be pre emptor by the pre emptor in his suit. I would therefore rest my decision on the facts that the sale of the lease hold interest in land is not pre emptible and that the super structure of the house is also not pre emptible and that therefore the plaintiff pre emptor cannot pre empt the sale of the property sold. I therefore agree that the appeal be allowed	 the decrees of the Subordinate Judge and the High Court be set aside and that of the trial Court be restored and that the appellants would have their costs throughout. Appeal allowed.

One Chathilal Sah of Sahebganj	 Bihar	 was the owner of a house and two golas which stood on a rent paying land and he executed a will bequeathing the said property to his daughter and nephew in equal shares. In 1940 the nephew sold one half of the property to respondent No. 1 who two years later acquired under a patta some adjoining lands. In 1949 respondent No. 3 alleging to be the husband of the daughter sold the remaining half of the property to appellants 1 and 2. In December 1949 respondent filed a title suit for declaration that he has a right to pre empt the property purchased by appellants 1 and 2 and for directing them to transfer the same to him. The trial court dismissed the suit but in the appeal before the Subordinate Judge he succeeded and the High Court dismissed the appeal presented by the appellant. The present appeal is by special leave granted by this Court. Before this Court four contentions were raised by the appellants	 two of which being pure questions of fact and not having been raised in the courts below were not considered by this Court. The questions of law raised were (a) the right of pre emption infringes the fundamental right of a citizen under article 19 (1) (f) of the Constitution and (b) there is no right of pre emption in respect of leasehold interest and therefore there cannot be a right of pre emption in respect of a house standing on such land. Held: (i) The law of pre emption vis a vis co sharers does not infringe the fundamental right conferred under article 19(1) (f) of the Constitution. Bahu Ram vs Baij Nath	 [1962] Supp. 3 S.C.R. 724 and Nuri Mian vs Ambica Singh	 Cal. (ii) A right of pre emption is annexed to full ownership of property of co sharers. It is not attached to property held on subordinate tenure	 such as lease etc. It is an incident of the co sharer 's property operating both as a right and as a burden in different situations. It is a right of substitution taking in the entire bargain. It must take the whole or nothing. It does not matter if the inability to take the house arises out of a voluntary act or out of a legal limitation inherent in the nature of the property transferred. It is reciprocal in operation	 that is	 if the situation was reversed and the vendor became the pre emptor	 he should 106 be in a position to pre empt the co sharers ' whole bargains. The two doctrines which may	 for convenience be referred to as "entire bargain" and "reciprocity" cannot operate unless both the co sharers are full owners of their respective properties. Akar or a house standing on a freehold land is subject to the right of preemption	 but a house on a leasehold land stands on a different footing. As there is no right of pre emption in respect of a land on subordinate tenure the right of pre emption cannot be enforced against the house either	 as the pre emptor cannot be substituted for the entire bargain. The right must fail also on the ground that the super structure disannexed from the land would be movable property and it is well settled that the right of pre emption cannot be enforced in respect of movables. Case law reviewed. Bishan Singh vs Khazan Singh	 ; 	 Goblad Dayal vs Inayatullah	 All 775	 Sakina Bibi vs Amiran	 All 472	 Dashrathlal vs Bai Dhondubai	 A.I.R. (1941) Bom. 262	 Shri Audh Behari Singh vs Gajadhar Jaipuria; 	 	 Mr. Bibi Saleha vs Amiruddin(1929)I.L.R. 8 Pat. 251	 Baboo Ram Golam Singh vs Nursingh Sabey	 Mohammad Jamil vs Khub Lal Raut	 	 Phul Mohammad Khan vs Qazi Kutubuddin	 A.I.R. 1937 Pat. 578	 Mooroof ly Ram vs Baboo Hari Ram	 	 Rameshwar Lal vs Ramdeo Jha	 A.I.R. 1957 Pat. 695	 Nathuni Ram vs Gopinath	 A.I.R. 1962 Pat. 226 (F.B)	 Zahur vs Nur Ali	 All 99 and Chariter Dusadh vs Bhagwati Pandey A.I.R. 1934 Pat. Per Raghubar Dayal J While agreeing with the majority judgment on other points	 no opinion is expressed on the point whether in certain circumstances the pre emptor can or cannot pre empt part of the property sold. There have been cases where partial pre emption has been allowed. Zainab Bibi vs Umar Hayat Khan	 (1936) All. L.J. 456 and Bishan Singh vs Khazan Singh	 ; Sale of leasehold interest in land is not pre emptible and that the super structure of the house is also not pre emptible and therefore the plaintiff pre emptor cannot pre empt the property sold. The appeal should be allowed.