1. Even though this Second Appeal by the defendant is admitted on as many as seven questions of law formulated in the Memorandum of Appeal, the only point urged before us is on the question of res judicata covered by the order of reference of the case for decision by a Division Bench.

2. The suit is for redemption of Ext. Al mortgage executed by one Krishnan Asary to the defendant on 20-11-1958. Krishnan Asary died in 1964 and the plaintiff sues as his legal heir. Several pleas were raised in defence to the suit. It is not necessary to advert to all such pleas except the following: (1) There was a previous suit O.S.586 of 1967 on the file of the Munsiff's Court, Neyyattinkara for redemption of Ext. A1 mortgage filed by the two wives and nine children of the deceased Krishnan Asary and that suit was dismissed as per Ext. B2 judgment on the finding that the transaction evidenced by Ext. A1 being an otti kuzhikanam is a lease and not a redeemable mortgage. The present suit is accordingly barred for the reason of the decision in O. S.586 of 1967. (2) The property did not belong to Krishnan Asary alone, but also to his brothers and the rights of the brothers have been acquire