Defendants 2 to 4 who failed in the Courts below are the appellants in this second appeal. The main point that arises for decision is whether the consent decree in an earlier litigation, O.S. No. 152 of 1954, Sub-Court, Coimbatore, operates as res judicata as against the plaintiff.

2. The plaintiff, Kittammal, and her four sisters, Subbathal, Karupathal, Nachiammal and Pechiammal, succeeded to the properties which also included the suit properties on the death of their mother. Defendants 1 and 5 are their brothers. The second defendant is the first defendant’s widow, whose children are defendants 3 and 4. In the first instance, after the death of the mother, defendants 1 and 5 purchased 3/5th share of the three sisters, Karupathal, Nachiammal and Pechiammal leaving outstanding the l/5th share of Kittammal and 1/5th share of her sister, Subbathal. The present defendants 2 to 4 filed the suit, O.S. No. 152 of 1954, against the present first defendant for partition and separate possession of l/4th share of the present third defendant and also for maintenance and marriage expenses of the present second and fourth defendants respectively against Arumuga Goundan, the father of