1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 123 OF 2007 Sadashiv Shankar Takawale since deceased through his L.Rs.: Smt. Kamal Sadashiv Takawale & Ors. ... Appellants Versus 1. Shri Shamrao Shankar Takawale (Since deceased through his legal representatives: 1A. Smt. Pramila Shamrao Takawale & Ors. Respondents Mr. Ketan A.Chothani, Advocate, for the appellants. Mr.V.A.Nagrani,Advocate, i/b. Mr.Sandeep V.Marne,Advocate,for the respondent No.3. CORAM: J.H.BHATIA,J. DATE : 28th August, 2009. P.C. 1. Heard the learned Counsel. 2. This Second Appeal is filed by the plaintiff against the concurrent finding given by the Courts below against him. According to the plaintiff, the defendants Nos.1 and 2 are his brother and mother respectively. They had co- parcenary property, being agricultural land. According to the plaintiff, each of 2 them had 1/3rd share and the plaintiff and defendant nos. 1 and 2 were separately cultivating their land and accordingly mutation was also taken. On 6.1.1989 defendant Nos. 1 and 2 executed a sale deed in respect of their 2/3rd share in the property in favour of the plaintiff. The plaintiff filed the suit seeking to set aside the sale deed on the ground that he has a preferential right to purchase the property under Section 22 of the Hindu Succession Act,1956. Both the Courts below rejected this claim on the ground that the preferential right under Section 22 will be available only when there is a joint family and joint family property and one of the joint owners wants to transfer his interest in the joint family property or business. In the present case, from his own admission, the plaintiff and defendant Nos. 1 and 2 were living separately. They had defined 1/3rd share each and they were cultivating the land separately according to their shares, for which mutation entries were taken. 3. I find no question of law involved in the matter in view of the facts and circumstances. Therefore, the Appeal stands dismissed. (J.H.BHATIA,J.)