Judgment

BEG, J.:- The Plaintiff-Appellant, Gorakh Nath Dube, before us by grant of special leave against the judgment and decree of the High Court of Allahabad allowing a Defendants second appeal, had filed a suit for the cancellation of a sale deed, dated 12-4-1932, to the extent of a half share claimed by the Plaintiff in fixed rate tenancy plots on a payment of Rs. 250/-, or, whatever sum the plaintiff may be found liable to pay, and, after cancellation of the sale-deed to the extent of the plaintiff s share, for an award of possession of the plaintiff s share. There was no prayer for partition, and, by asking for possession of his share, the plaintiff could only be seeking joint possession after declaration of rights claimed. The plaintiff based his claim in the fixed rate tenancies on the ground that, although, the vendor Sukhpal Dube, his uncle, had, on 28-9-1912, ostensibly singly and separately purchased the plots, which were the subject matter of the impugned sale, yet, actually, this was an acquisition on behalf of the joint Hindu family which provided the funds for the purchase of the plots. The Trial Court had dismissed the plaintiff s suit on 4-1-l960. The learned Dis