Falshaw, C.J. - (1.) THIS is an appeal under Clause 10 of the Letters Patent by the vendees in a pre -emption suit against whom the decree of the trial court in favour of the Plaintiffs was upheld in first appeal and in second appeal by a learned Single Judge of this Court.
(2.) THE facts relevant to the point which arises in the appeal are that the land in suit comprises a one -fourth share of 76 kancUs which was sold to the Appellants by Mst. Chandi. At the time when she had succeeded to the estate of her husband she had only occupancy rights, but in 1953 by operation of law these occupancy rights became converted into full ownership. The sale was pre -empted by Amar Nath Respondent under section 15(1)(b) (fourthly) of the Punjab Pre -emption Act which confers the right of pre -emption on other co -sharers in the case of a sale of a share of joint land or property not made by all the co -sharers jointly.
(3.) HOWEVER , the vendees rely on an amendment introduced into Section 15 of the Act by Punjab Act X of 1960, this reads: - Notwithstanding anything contained in Sub -section (1)............... (b) where the sale is by a female of land or property to which she succeeded through her husband the right of pre -emption shall vest. Firstly in the son or daughter of such female ; Secondly in the husband's brother or husband's brother's son of such female. It is contended that this overrides the basis of the right of the pre -emptor in the present case, and that in the case of a sale of land by a female it restricts the right of pre -emption to the relations listed in Firstly and Secondly.;