A.M. Dhavale, J.

This second appeal, arising out of separation of shares of the Muslim coheirs, has been admitted on substantial questions of law, relating to (a) grounds of maintainability, (b) partition of re-granted property, and (c) renunciation of rights by the plaintiff. After hearing the arguments and after giving intimation, the parties are heard on additional substantial question of law relating to res judicata in view of judgment and decree in Regular Civil Suit No. 335/1952.

2. The facts relevant for deciding this appeal lie in narrow compas are as under:

2.1. Respondent No. 1 Gafur is the original plaintiff. The parties are descendants of Bapu Patel. Babu had three wives by name Begam, Bayama, Chhamubi. The plaintiff Gafur and defendant No. 7 Chhotubi are children of Bayama and Bapu. Deceased Chamubi was mother of 2 sons and 3 daughters, who are defendant No. 1 to 6. Third wife Begam had one son by name Baban. Both died much earlier. The deceased Bapu Patel was owner of following properties (the suit properties) :

[A] Agriculture lands:

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