JUDGMENT :- An application was made before the learned Munsif at Balasore purporting to be under Section 22 of the Hindu Succession Act, 1956 (hereinafter referred to as the Act). The applicant being a minor, the application was made through his father. A short genealogy is appended below to indicate the relationship of the parties inter se.

Gangamani received the property in question under a registered deed of gift dated 1-12-55 from her father. She died in the early part of 1960 leaving behind the petitioner and opposite parties 1 and 2 to succeed to the said property. Admittedly these persons are class I heirs in respect of the estate of Gangamani Rukmani is already married. Gayamani who is not married and who has asserted in her written statement that she has already attained majority lives with Rukmani, the elder sister.

2. An application was made before the learned Munsif on 16-2-68 on the allegation that on 30-1-68 opposite parties 1 and 2 had sold away their share in the property to a stranger opposite party No. 3 in violation of the preferential right conferred on the petitioner under Section 22(1) of the Act. In that application it was stated that opposite parties 1 and 2 d