( 1 ) THE only question in the second appeal is whether O. S. No. 17 of 1947 filed by the appellants in the Court of the District Musif of Bellary is maintainable in view of a prior decision in O. S. No. 108 of 1935, a suit between the same parties.

( 2 ) THE facts relevant to the question raised may be briefly narrated. The plaintiffs and defendants 1 to 8 were the joint owners of the plaint schedule property. Two of the co-owners Lingappa and Mangamma, filed O. S. No. 108 of 1935 on the file of the District Munsifs Court of Bellary, for recovery of possession of their one-sixth share in the plaint schedule property. To that suit, Mandavaliah, the predecessor-in-interest of the second plaintiff in this suit, was added as the second defendant and Mallayya, the first plaintiff herein, was added as the fifth defendant in the other suit. The other sharers were also added as defendants. 9th defendant in this suit is the son the 11th defendant in O. S. No. 108 of 1935. 10th defendant in this suit is the brother of the 12th defendant in that suit, and the 11th defendant in this suit figured as the 13th defendant in the earlier suit. They were added as parties claiming tit