JUDGMENT

Satish Chandra, J. - This special appeal arises out of a suit for cancellation of a sale deed.

2. Dhan Singh and Musa Singh, Respondents 9 and 10, on 1-9-1959 executed a sale deed in respect of their share in the Khaikari holding situate in village Pipna, district Almora, in favour of Respondents 3 to 8. The Appellants instituted a suit for cancellation of this sale, in a representative capacity, claiming it to be on behalf of the entire Khaikari body of the village. Their case was that village Pipna was a pucca Khaikari village. In law pucca Khaikari rights were heritable but not transferable. The sale deed was illegal and liable to be cancelled.

3. In defence it was pleaded by the vendees that they were also members of the Khaikari body of the village. A sale in their favour was valid.

4. The trial court upheld the plaint case and decreed the suit. On appeal the decree was affirmed. The Defendants preferred a second appeal Under Rule 14 of the Kumaun Tenancy Rules. The Commissioner, Kumaun Division, on 29-1-1959 allowed the appeal. He held that a transfer of Khaikari rights was not void ab initio but only voidable. The Khaikari body was entitled to challenge the transfer but