BALAKRISHNA ERADI, J.:- This appeal has been preferred against the order of the Subordinate Judge, Tirur dismissing a petition O. P. No. 511 of 1970 filed by the appellant herein under Section 22 (2) of the Hindu Succession Act, 1956 (30 of 1956) hereinafter referred to as the Act. The petition was dismissed by the Court below on the basis of a preliminary finding arrived at by it that an application under Section 22 (2) of the Act for determination of the value of the share of a co-heir is not maintainable if such share has been already transferred by the co-heir to a stranger and that in such cases the remedy available to a party seeking to enforce the right conferred by Section 22 (1) of the Act is only to institute a regular suit for specific performance.

2. The properties described in the petition filed before the Court below, excepting a residential building situated thereon, belonged to one Jayapala Menon. In respect of the residential building the said Jayapala Menon had only an undivided share. Jayapala Menon died intestate on 26-5-1965. Under the provisions of the Act the only heirs entitled to succeed to the estate of the deceased are his mother and his widow, bo