( 1 ) THIS appeal raises a simple question of law. The 1st plaintiff is the daughter s son of Kesavamurthy, who died possessed of all the plaint scheduled properties. On his death, the properties devolved upon his widow Krishnamma and she sold the suit properties to her brother Aswathamayya under a registered sale deed marked as Exhibit B-1, dated 8th August, 1919. During her lifetime, her daughter Annapurnamma, a minor represented by her husband, filed O. S. No. 72 of 1925 on the file of the District Munsif s Court, Gooty, for a declaration that the sale deed executed by her mother was not valid and binding as it was not supported by legal necessity. The suit was dismissed for default on 14th June, 1926. Annapurnamma died during the lifetime of Krishnamma. After the death of Krishnamma on 16th June, 1947, O. S. No. 226 of 1949 was filed in the District Munsif s Court, nandyal, for recovery of possession from the alienees from Aswathamayya. The district Munsif of Dhone, to whom the suit was transferred, held that the alienation was not valid and binding as it was not supported by legal necessity. On the question of res judicata and the bar of Order 9, rule 9, Civil Procedure Code,

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