JUDGMENT

GOSWAMI, J. (on behalf of K. K. Mathew, J. and himself (majority opinion)).:—In this appeal by special leave from the judgment and decree of the Allahabad High Court the only question that is raised relates to the plea of res judicata. 690

2. The facts so far as material for the purpose of this appeal are as follows:-

The plaintiff (respondent No. 1 herein) claims to be the adopted son of one Param Lal who is the original owner of the premises in suit. Ram Sahai is the father of defendants 1 to 3 and husband of defendant 4. Both Param Lal and Ram Sahai died some time in 1946. The plaintiff brought a suit being O. S. No. 114 of 1952 in the court of the Munsif of Etah, Uttar Pradesh, against defendants 1 to 6. The allegations in the plaint were that defendant No. 5, who is the material uncle of defendants 1 to 3 and brother of defendant 4 executed a rent note on November 13, 1946, on behalf of defendants 1 to 4 in favour of the plaintiff. Since they were in arrears of rent for nearly 21/2 years the suit was instituted for rent and possession by eviction of the defendants. Defendant No. 5 did not enter appearance to contest the suit. The defence of defendants 1 to 4 was that d