S.K. MAL LODHA, J. — Against the appellate judgment and decree dated November 26, 1971 of the Additional District Judge, Sri Ganganagar, the plaintiff has come up in appeal to this Court under section 100 of the Code of Civil Procedure. The plaintiffs suit for possession of land against the defendant No. 2 on preferential right to acquire it on payment of purchase money of Rs. 10,000/- was decreed by the learned Additional Civil Judge, Sri Ganganager on March 31, 1971 and it was dismissed against the seller (defendant No. 1).

2. As this appeal raises an important question of law regarding interpretation and scope of section 22 of the Hindu Succession Act (No. XXX of 1956) (for short the Act hereafter), only those facts which are necessary for its determination are stated below:

3. The plaintiff-appellant and defendant No.l (respondent No.2) are real brothers. The plaintiff has stated that they are co-owners and co-sharers of the agricultural lands situate in village 1 A.M.P. described in para 3 of the plaint. The land in suit had devolved on them after the death of their father through intestate succession. Defendant No. 1 sold the land in suit to defendant No. 2 (respondent No. 1) f

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