Summarize the following court judgment. Appeal No. 299 of 1964. Appeal from the judgment and order dated September 26	 1961 of the Allahabad High Court in Second Appeal No. 620 of 1957. J. P. Goyal	 for the appellants. B. C. Misra	 for the respondent No. 1. April 15	 1964. The judgment of the Court was delivered by HIDAYATULLAH	 J. In this appeal by certificate from the High Court of Judicature at Allahabad the appellants are the four original defendants in a suit for pre emption filed by the first respondent. Kaiseri Begam (respondent No. 2) sold a plot and two houses in mohalla Gher Abdul Rahman Khan	 757 Qasba Milak	 Tehsil Milak	 District Rampur	 to the appel lants on December 4	 1953. The first respondent Labh Singh owned the adjacent house and he claimed pre emption on the ground of vicinage after making the usual demands. The suit was filed by Labh Singh in the court of Munsif	 Rampur who by his judgment dated September 25	 1955 held that there was a general custom of pre emption in the town of Milak. He also held that Labh Singh was entitled to preempt and had performed the Talabs. He	 however	 dismissed the suit because the sale did not include a strip of land 3 feet 6 inches wide between Labh Singh 's house and the property sold. He made no order about costs. There was an appeal by Labh Singh and the present appellants objected. The District Judge	 Rampur allowed the appeal and dismissed the cross objections. The appellants then filed a second appeal in the High Court of Allahabad. Mr. Justice V. D. Bhargava	 who heard the appeal	 referred the following question to a Division Bench: "Whether after coming into operation of the right of pre emption is contrary to the provisions of article 19(1)(f) read with article 13 of the Constitution	 or is it saved by clause (5) of article 19? " The Divisional Bench held that the law relation to pre emp tion on the ground of vicinage was saved by clause (5) of article 19 and was not void under article 13 of the Constitution. In view of this answer	 the second appeal was dismissed. The High Court	 however	 certified the case and the present appeal has been filed. The question which was posed by Mr. Justice V. D. Bhargava was considered by this Court in connection with s.10 of the Rewa State Pre emption Act	 1946 in Bhau Ram vs B. Baijnath Singh (1). This Court held by majority that the law of pre emption on the ground of vicinage imposed unreasonable restrictions on the right to acquire	 hold and to dispose of property guaranteed by article 19(1)(f) of the Constitution and was void. It was pointed out that it placed restrictions both on the vendor and on the vendee and there was no advantage to the general public and. that the only reason given in support of it	 that it prevented persons belonging to different religions	 races or castes from acquiring property in any area peopled by persons of other religious	 races or castes	 could not be considered reasonable in view of article 15 of the Constitution. If this ruling applies the present appeal must succeed. Mr. B. C. Misra	 who appears for Labh Singh attempts to distinguish Bhau Ram 's case(1). He contends that the earlier case was concerned with a legislative measure whereas the. (1) [1962] Supp. 3 S.C.R. 724. 758 present case of pre emption arises from custom. He refers to the decision in Digambar Singh vs Ahmad Said Khan(1) where the Judicial Committee of the Privy Council has given the early history of the law of pre emption in village com munities in India and points out that the law of pre emption had its origin in the Mohammedan Law and was the result	 some times	 of a contract between the sharers in a village. Mr. Misra contends that articles 14 and 15 are addressed to the State as defined in article 12 and are not applicable to custom or contract as neither	 according to him	 amounts to law within the definition given in article 13(3)(b) 'of the Consti tution. He submits that the ruling of this Court does not cover the present case and that it is necessary to consider the question of the validity of the customary law of pre emption based on vicinage. It is hardly necessary to go into ancient law to discover the sources of the law of pre emption whether customary or the result of contract or statute. In so far as statute law is concerned Bhau Ram 's case(2 ) decides that a law of pre emption based on vicinage is void. The reasons given by this Court to hold statute law void apply equally to a custom. The only question thus is whether custom as such is affected by Part III dealing with fundamental rights and particularly article 19(1)(f). Mr. Misra ingeniously points out in this connection that article 13(1) deals with "all laws in force" and custom is not included in the definition of the phrase "laws in force" in clause (3)(b) of article 13. It is convenient to read article 13 at this stage: "13.(1) All laws in force in the territory of India immediately before the commencement of this Constitution	 in so far as they are inconsistent with the provisions of this Part	 shall	 to the extent of such inconsistency	 be void. (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall	 to the extent of the contravention	 be void. (3) In this article	 unless the context otherwise re requires	 (a) "law" includes any Ordinance	 order	 bye law	 rule	 regulation	 notification	 custom or usage having in the territory of India the force of law; (b) "law in force" includes laws passed or made by a Legislative or other competent authority in the territory of India before the commencement of this Constitution and not previously (2) [1962] Supp. 3 S.C.R. 724. (1) L.R. 42 I.A. 10	 18. 759 repealed	 notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas. " The argument of Mr. Misra is that the definition of "law" in article 13(3)(a) cannot be used for purposes of the first clause	 because it is intended to define the word "law" in the second clause. According to him	 the phrase "laws in force" which is used in clause (1) is defined in (3)(b) and that definition alone governs the first clause	 and as that definition takes no account of customs or usage	 the law of pre emption based on custom is unaffected by article 19(1)(f). In our judgment	 the definition of the term "law" must be read with the first clause. If the definition of the phrase "laws in force" had not been given	 it is quite clear that the definition of the word "law" would have been read with the first clause. The question is whether by defining the composite phrase "laws in force" the intention is to exclude the first definition. The definition of the phrase "laws in force" is an inclusive definition and is intended to include laws passed or made by a Legislature or other competent authority before the commencement of the Constitution irrespective of the fact that the law or any part thereof was not in operation in particular areas or at all. in other words	 laws	 which were not in operation	 though on the statute book	 were included in the phrase "laws in force". But the second definition does not in any way restrict the ambit of the word "law" in the first clause as extended by the definition of that word. It merely seeks to amplify it by including something which	 but for the second definition	 would not be included by the first definition. There are two compelling reasons why custom and usage having in the territory of India the force of the law must be held to be contemplated by the expression "all laws in force". Firstly	 to hold otherwise	 would restrict the operation of the first clause in such ways that none of the things mentioned in the	 first definition would be affected by the fundamental rights. Secondly	 it is to be seen that the second clause speaks of "laws" made by the State and custom or usage is not made by the State. If the first definition governs only cl. (2) then the words "custom or usage"	 would apply neither to cl. (1) nor to cl. (2) and this could hardly have been intended. It is obvious that both the definitions control the meaning of the first clause of the Article. The argument cannot	 therefore	 be accepted. It follows that respondent No. 1 cannot now sustain the decree in view of the prescriptions of the Constitution and the determination of this Court in Bhau Ram 's case(1). The appeal will be allowed but in the circumstances of the case parties will bear their costs throughout. Appeal allowed.

In a suit filed by the respondent	 the Munsif though holding that there was a general custom of pre emption in the locality and that the respondent had a right to pre empt	 under that custom	 dismissed the suit because the sale did not include a strip of land 3 feet 6 inches wide between the respondent 's house and the property sold. The respondent 's appeal was allowed by the District Judge. The appellants appealed to the High Court which was unsuccessful because of the answer of the Division Bench to which the question was referred. The Division Bench held that the law relating to pre emption on the ground of vicinage was saved by article 19(5) and was not void under article 13 of the Constitution. The appellant relied on the decision of this Court in Bhau Ram vs Baijnath and claimed that pre emption on the ground of vicinage could not be claimed. The respondents in reply contended (a) that Bhau Ram 's case was concerned with a legislative measure whereas the present case arose from custom and was thus distinguishable and (b) that article 13(1) dealt with "all laws in force" and custom was not included in the definition of the phrase "laws in force" in cl. (3)(b) of article 13. Held: (i) In so far as statute law is concerned Bhau Ram 's case decides that a law of pre emption based on vicinage is void. The reasons given by this Court to hold statute law void apply equally to a custom. Bhau Ram vs B. Baijnath Singh	 [1962] Supp. 3 S.C.R. 724	 followed. Digambar Singh vs Ahmad Said Khan	 L.R. 42 I.A. 10	 referred to. (ii) Custom and usage having in the territory of India the force of law are included in the expression "all laws in force".