Bal Raj Tuli, J.

1. The only question of law for determination before this Bench is:-

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Whether the learned lower appellate Court was right in allowing the plaintiff-respondent to amend her plaint at the appellate stage when the objection regarding the suit being bad for partial pre-emption was raised by the vendees-appellants in their written statement and the plaintiff-respondent, in spite thereof, persisted in maintaining, till the suit was dismissed by the learned trial Court, that only 5 kothas and not 6 were sold by the vender to the vendees ?

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3. Briefly stated the facts are that Arjan Singh and his three brothers, Amar Singh, Surjan Singh and Gurmej Singh and their mother, Smt. Khem Kaur, sold 307 Kanals 6 Marlas of land along with 5 kutcha kothas and 1 pucca kotha to Banta Singh and others (appellants) for a consideration of Rs. 38,605/- vide registered sale-deed dated August 20, 1964. Smt. Harbhajan Kaur, daughter of Arjan Singh, vendor, filed a suit for possession by pre-emption of the said land measuring 307 kanals 6 marlas and 5 kothas, instead of 6, against the payment of the entire consideration of Rupees 38,605/-. That suit was resisted by the vendees