JUDGMENT :- This second appeal arises out of a suit for cancellation of a sale deed. The plaintiff also claimed joint possession in case defendants 1 to 3 were found to be in such possession. The brief facts are these:-

One Jaswant Singh was the predecessor-in-interest of the parties. He died in February, 1955 leaving the plaintiff, widow of a pre-deceased son and two sons namely, Sita Ram and Har Bhajan Singh (defendants 4 and 5 respectively) as his heirs and as such the three heirs inherited the property left by the deceased Jaswant Singh. The three heirs had equal shares in such property. The plaintiff alleged that she filed a suit for declaration in the revenue court in 1960. Necessity for such suit arose as she found that defendants 4 and 5, the two sons of Jaswant Singh, got their sole names mutated in the revenue records. The said suit in the revenue court was, however, stayed on account of consolidation proceedings. During the stay of the said suit defendants 4 and 5 sold the disputed plots to defendants 1 to 3 through a sale deed dated 27th August, 1962. The plaintiff claimed that her share in the disputed plots was one-third and, therefore, she was entitled to get the sale

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