JUDGMENT :

UDAY UMESH LALIT, J.

1. Leave granted.

2. This appeal arises out of final judgment and order dated 07.05.2018 passed by the High Court (High Court of Himachal Pradesh at Shimla) in Regular Second Appeal No.457 of 2002 and raises questions regarding scope and applicability of Section 22 of the Hindu Succession Act, 1956 (hereinafter referred to as the Act), and particularly, whether preferential right given to an heir of a Hindu under said Section 22 will be inapplicable if the property in question is an agricultural land.

3. The facts leading to the filing of this appeal, in brief, are as under:

(a) Two brothers, namely, Santokh Singh (Original Plaintiff) and Nathu Ram, (Original Defendant No.1) sons of Lajpat S/o Rupa inherited, among others, certain agricultural lands after the death of their father. According to Santokh Singh an arrangement was arrived at, in terms of which the brothers were to be in separate enjoyment of certain specified pieces of land. Since Nathu Ram was not interested in continuing with said arrangement he gave a legal notice to Santokh Singh and later