JUDGMENT

1. This appeal has arisen out of a suit which was instituted by the plaintiff for ejecting the defendant from a plot of land on the allegation that the defendant was holding the same as under-raiyat and that notice had been served on the defendant determining his tenancy. The prayers in the plaint were for declaration of the plaintiff's raiyati and for recovery of khas possession. The defendant besides contending that no notice was served upon him asserted that he was a cosharer with the plaintiff in respect of the suit land. The suit has been decreed by both the Courts below. The defendant has then preferred the present appeal.

2. The contention that has been urged in the appeal relates to the question of res judicata. Both the Courts below have held that the question as to whether the defendant is a cosharer of the plaintiff or an under-raiyat under him is barred by res judicata by reason of a previous decision between the parties. The contention that has been urged in connation with this matter is that inasmuch as the previous suit which was a suit instituted by the plaintiff against the defendant for recovery of possession on declaration of title and in which the same qu