PATNA HIGH COURT BIHAR STATE ELECTRICITY BOARD Vs. BALO RAI,RAM PRAVESH MAHTO HONBLE JUDGES:NAGENDRA RAI, J.

JUDGEMENT

(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. 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. Bihar State Electricity Board Versus Balo Rai,Ram Pravesh Mahto

(3.) 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.