JUDGMENT

R. M. SAHAI, J.:— In this appeal by grant of special leave directed against judgment of the Allahabad High Court in second appeal arising out of a suit for arrears of rent and ejectment, the question is if the High Court committed any error of law in allowing the second appeal on the ground that the two courts below had erroneously held that finding recorded in an appeal, filed by one of the defendants who was sued as tenant in an earlier suit, could not operate as res judicata between plaintiff and respondents who were defendants Nos. 2 and 3 in that suit.

2. Unfortunately for appellant equity may or may not be in his favour as his father too acted shrewdly while purchasing house of daughter-in-laws father, law is certainly not in his favour. How dispute arose between parties, who are closely related, is quite interesting. Shiv Charan Das and Har Charan Das (respondents Nos. 1 and 3 in this appeal) are first cousins. Ravindra Kumar (respondent No. 2) is son of Shiv Charan. His sister was married to son of Ganga Prasad who purchased the only house of Shiv Charan and Ravindra Kumar with condition of repurchase by sellers after five years. He permitted them to remain in posse