( 1 ) THIS is a defendants second appeal arising out of a suit for cancellation of a sale deed dated 28-4-1961, executed by one Hira Lal (defendant third set in the suit) in favour of the defendant appellant (arrayed as defendant No. 1 in the suit as defendant first set) to the extent of the 4/5th share in the shop mentioned in the plaint and in respect of which the aforesaid sale deed was executed.

( 2 ) THE trial court dismissed the plaintiffs suit. The plaintiffs appealed. The lower appellate court set aside the judgment and decree of the trial court and decreed the plaintiffs-respondents suit for cancellation of the sale deed as well as for recovery of arrears of rent.

( 3 ) BRIEFLY stated, the plaint case was that one Madho Prasad had five sons, namely, Sheo Prasad, sheo Sagar, Ram Sagar, Ganga Sagar and Dal Sagar. Defendants Nos. 10 and 11 are Ganga sagar and Dal Sagar aforesaid. The shop in dispute was the ancestral property of defendants nos. 2 to 12. According to the pedigree mentioned above, defendant third set, namely. Hira Lal had only 1/5th share in the shop while the remaining 4/5 share belonged to the defendant second set, namely defendants Nos. 2 to