The main legal point established in the judgment is that section 22 of the Hindu Succession Act is not applicable to a concluded transfer and cannot be exercised after a partition between the co-heirs.

1. This revision application is directed against the order dated 11.12.2002 passed by the court below in Misc. Case No. 9 of 2000 allowing the application filed by the opposite party under section 22 of the Hindu Succession Act, hereinafter referred to as the Act, directing the petitioner to execute the registered sale deed in favour of the opposite party Ram Chandra Rai within the period specified therein on payment of consideration amount and the interest at the rate of 15% per annum with cost failing which the opposite party would be entitled to get the land executed through the processes of the court.

2. Admitted fact is that one Brahmdeo Rai had two sons, namely, Talebar Rai and Ram Udar Rai, Surauni Devi was the wife of aforesaid Brahmdeo Rai, Talebar Rai had two sons, namely, Ram Shrestha Rai and Ram Chandra Rai (applicant-opposite party) and two daughters, namely, Ram Kali Devi and Binda Devi. The petitioner Ram Udar Rai filed partition suit being Partition Suit No. 8 of 1968 in the court of Subordinate Judge, Muzaffarpur against his father Brahmdeo Rai, nephew Ram Shrestha Rai and Surauni Devi. The said suit was disposed of on compromise on 26.8.1988. Plot nos.3793, 3807 and 3808 along with other plots were partitioned. Schedule-l property was allotted to the petitioner Ram Udar Rai and Schedule-ll property was allotted to Talebar Rai, father of aforesaid Ram Chandra Rai and Ram Shrestha Rai. 37 decimals of lands were allotted to the petitioner from north and the remaining area was allotted to the branch of Talebar Rai.

3. It is also admitted position that there was a further partition between the applicant-opposite party Ram Chandra Rai and his brother Ram Shrestha Rai with regard to the said plot and Ram Chandra Rai got 13 decimals of land out of the lands allotted to his branch and Ram Shrestha Rai also got 13 decimals of land along with other lands and they made construction over the said land. On 14.7.2000 Ram Shrestha Rai, brother of the applicant-opposite party Ram Chandra Rai sold 13 decimals of land allotted to him in the aforementioned plots by registered sale deed for a consideration of Rs. 35,000/-. Thereafter, the applicant-opposite party filed an application under section 22 of the Act for transfer of the said land on the same terms and conditions, which has been allowed by the court below. In the court below both the parties were given opportunity to adduce evidence and thereafter the matter has been decided as stated above.

4. Learned counsel for the petitioner raised two points. Firstly, he submitted that even if the transfer has been completed, section 22 of the Act is not applicable and the remedy available to the affected person is to file suit and not application under section 22 of the Act and secondly he submitted that already there was partition between the two co-sharers and as such section 22 of the Act cannot be attracted as it was not a case of transfer of interest devolving upon Class-l heirs under the provisions of Hindu Succession Act.

5. Learned counsel appearing for the opposite party, on the other hand, supported the order and also submitted that section 22 of the Act speaks of application and as such the application was maintainable for a relief under section 22 of the Act and even if there was partition, the opposite party is. entitled to get the relief in terms of section 22 of the Act.

6. Section 22 of the Act contains the provision with regard to preferential right to acquire property in the cases mentioned therein. Section 22 of the Act runs as follows:-

"22 Preferential right to acquire property in certain cases.- (i) Where, after the commencement of property of an intestate, or in any business carried on by him or her, whether solely or in conjuction with others, devolve upon two or more heirs specified in class l of the Schedule, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential ri