Section 9. Devolution of right when property to property to be sold or foreclosed is a proprietary or under pro

9. Devolution of right when property to property to be sold or foreclosed is a proprietary or under proprietary tenure. —If the property to be sold or foreclosed is a proprietary or underproprietary tenure, or a share of such a tenure, the right to buy or redeem such property belongs, in the absence of a custom to the contrary, — - 1st, to co-sharers of the sub-division (if any) of the tenure in which the property is comprised, in order of their relationship to the vendor or mortgagor; - 2ndly, to co-sharers of the whole mahal in the same order; - 3rdly, to any member of the village-community; and - 4thly, if the property be an under-proprietary tenure, to the proprietor. Where two or more persons are equally entitled to such right, the person to exercise the same shall be determined by lot. 1[9A. When a suit for pre-emption lies. —No suit shall lie for enforcing a right of pre-emption under this Act in respect of a portion only of the property sold or foreclosed: Provided that, where the plaintiff has a right of pre-emption in respect of only a portion of the property sold or foreclosed, then notwithstanding anything to the contrary contained in any enactment a suit for the pre-emption of that portion only shall lie and the plaintiff shall have to pay the proportionate price or the proportionate amount due in respect of such mortgage for such portion of the property, as the case may be.]