Pre-emption does not apply to transfer of khatedari rights when only tenancy interest, not ownership, is conveyed.

Pre-emption under the Rajasthan Preemption Act, 1966 is limited to transfers amounting to transfer of ownership in immovable property. Khatedari rights under the Rajasthan Tenancy Act, 1955 are heritable and transferable, but they do not confer absolute dominion over the land. A khatedar tenant may transfer the tenancy interest, yet that transfer remains a subordinate right and not ownership. Because pre-emption operates as a right of substitution in ownership, it does not apply where only khatedari or tenancy rights are transferred rather than absolute ownership.

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Issues: Whether a co-sharer of khatedari rights in agricultural land can claim pre-emption on transfer of such rights.

Analysis: The right of pre-emption under the Rajasthan Preemption Act, 1966 is confined to transfers that amount to transfer of ownership in immovable property. Khatedari rights under the Rajasthan Tenancy Act, 1955 carry incidents of heritability and transferability, but they do not confer absolute dominion over the land. A khatedar tenant can transfer his tenancy interest, yet that transfer is only of a subordinate right and not of ownership. Since pre-emption is a right of substitution in ownership, it cannot be invoked where the transfer is merely of tenancy or khatedari interest and not of absolute ownership.

Conclusion: A co-sharer cannot claim pre-emption on transfer of khatedari rights in agricultural land, as such transfer is not a transfer of ownership.

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