Judgment

AYYANGAR, J. : A very short point whether a finding in a previous suit between the same parties on the issue relating to the relationship of the respondent to the deceased owner of the suit property is or is not res judicata in the suit out of which this appeal arises, is the only question for consideration in this appeal by special leave.

2. The original owner of the suit properties which consist of agricultural land measuring about 66 bighas and odd in the village Kotla and a kutcha house in the same village and another extent of 13 bighas and odd of land in neighbouring village, was one Jati who died childless on May 20, 1951, his widow also having pre-deceased him. The respondents Sarwan Singh and three others claimed to be the collaterals of the deceased and his nearest heirs. Soon after the death of Jati the appellant Isher Singh, who put forward a claim based on an oral will by the deceased Jati, managed to obtain possession of the properties. The respondents made applications to the Revenue authorities for mutation in their favour and they secured favourable orders on these petitions ignoring the appellants claim under the oral will which he set up. As the mutation p