Shri R.N. Hawa—This is a second appeal by an unsuccessful plaintiff against an appellate judgment and decree dated 30th Nov., 1959 passed by the Commissioner Kota, upholding the judgment and decree of the Assistant Collector Bundi, whereby he dismissed the suit of the appellant for a share on the basis of inheritance in the disputed land as being res-judicata because of a similar suit for partition having been brought by the appellant having been already decided against him. The only point urged before us on behalf of the appellant is that the title under which the appellant had brought the present suit was quite different from the one under which he had brought and lost the previous suit of partition. The contention is that the previous suit had been brought by him as being entitled to l/3rd share of the disputed land under his title of being the grandson of deceased Ram Chandra whereas the present suit had been brought on the basis of his title to succeed to the l/3rd share on the death of Hemnath a son of Ramchandra per stir-peas alongwith the other nepnews of the deceased Hemnath. The genealogical tree given below would explain the position and relationship of the parties:—

Ram

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