( 1 ) THIS is a defendants appeal arising out of a suit brought by the first respondent for the cancellation of a sale-deed, dated 22nd October, 1946, executed by Srimati Surja defendant No. 2, in favour of Jamuna defendant No. 1, in respect of a house and for possession over the same.

( 2 ) IN order to appreciate the facts of this case a short pedigree of the parties would be found very helpful. One Sahsa Pandcy died leaving two sons, Gopal and Bhagirath. Gooal had two sons, ori Pandey and Swarup. Ori Pandey had no issue while Swarup had a son, Adhin, who was married to Srimati Smja, defendant No. 2 to this suit. Ori and Swarup and his son Adhin constituted a joint Hindu family and the house in suit belonged to the said joint Hindu family. Swarup died first and then Adhin died on 15th of July, 1927, leaving his widow Smt. Surja. On the death of Adhin, Ori became the sole surviving coparcener of the joint Hindu family, Smt. Surja however continued to live in the house in questjon as a widow of a pre-deceased coparcener of the said joint Hindu family, and this she continued to do even after the death of ori in or about 1931. On 22nd October, 1946 she executed the sal