JUDGMENT.— In the second appeal a question of res judicata is raised in the following circumstances:

2. There were two cross-suits between the same parties in the District Munsif’s Court Tirunelveli. One was for injunction. The other was for possession. The injunction suit O.S. No. 629 of 1972, was filed by one Khaja Moideen against three sons of a tailor called Kader Batcha. The suit tor possession, O.S. No. 613 of 1973, was filed, as a counter blast, by the sons of Khader. Batcha against Khaja Moideen. The subject-matter of both the suits was a tailoring business run in the name of “Star Tailoring Mart”. Khaja Moideen claimed that this business exclusively belonged to him. Khader Batcha’s sons, on the contrary, said that Khaja Moideen was only an erstwhile manager of the business. They claimed that there were the owners of the business by right of inheritance from their father. In his suit Khaja Moideen asked that Khader Batcha’s sons be restrained by a permanent injunction from interfering with his running of the tailoring mart. In the other suit, Khader Batcha’s sons asked for a decree directing Khader Moideen to deliver possession of the tailoring mart to them.

3. Both the suits

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