Judgment

GROVER, J.:- This is an appeal by special leave from a judgment of a Division Bench of the Punjab High Court decreeing the suit filed by the respondent for possession of certain land by pre-emption.

2. The facts may be shortly stated: Santa Singh was the owner of some land in village Samadh Bhai, tehsil Moga. He died leaving a widow Shrimati Sobhi. He also left a daughter Shrimati Jai Kaur from his other wife. On February 3, 1958 Smt. Sobhi sold 73 kanals 14 marlas of land to the appellants, the sale consideration mentioned in the sale deed being Rs. 8,000/-. Smt. Jai Kaur filed a suit for possession by pre-emption of the land which had been sold by Smt. Sobhi. According to her a consideration of Rs. 4,000/- only had been paid by the vendee. The trial Court decreed the suit in May 1959 granting a decree for possession on payment of Rs. 6,500/- together with costs. The Second Additional Judge to whom an appeal was taken dismissed it. In the High Court the learned Single Judge took the view that Smt. Jai Kaur not being the daughter of the vendor Smt. Sobhi had no right of pre-emption under Section 15 (2) of the Punjab Pre-emption Act 1913 as amended by the Punjab Pre-emption A