Dharmadhikari, J.—In these two appeals arising out of the impugned common judgment passed by the High Court of Madras in Second Appeal, the neat question involved is one of res judicata. The trial court in its common judgment passed in cross suits jointly tried came to the conclusion that the judgment in former suit OS No. 843/74 between the predecessor-in-title of the appellant and the respondents cannot operate as res judicata to bar the present suit claiming title to the suit property by the appellant. The High Court by the impugned common judgment in Second Appeal has reversed the judgment of the two courts below and held that the judgment in former suit OS No. 843/74 decided on 28.2.1976 oper­ates as res judicata under section 11 of the Code of Civil Proce­dure. Consequently, the suit filed by the appellant has been dismissed and the cross suit filed by the respondents has been decreed.

2. The facts necessary for deciding the issue of res judicata are as under:-

The property involved in the two cross suits is house door No. 206 in Harvaipatt township in Madurai, South Taluk. The house was allotted by Madurai Mills Cooperative Housing Society to mother of Muthuswami Naidu