Raghava Rao, J.-The suit out of which this appeal arises was instituted by respondents 1 to 6 before us in the Court of the Subordinate Judge of South Kanara for a declaration that the decree obtained by the appellant against the family of themselves and respondents 7 to 9 and 19 in O.S. No. 387 of 1936 on the file of the Court of the District Munsif of Mangalore did not bind them. That was a suit filed by the appellant as releasee of the suit properties from the auction purchaser thereof in execution of the decree in O.S. No. 39 of 1928, Sub-Court, South Kanara at Mangalore, which had been obtained on the basis of a mortgage effected by the present fifth defendant, by the father of the present defendants 6 to 9 and by the father of the present defendants 10 to 12, who together with their sons and the 13th defendant, their step-brother were the mulgars of the suit properties. The defendants in O.S. No. 387 of 1936 who contested it by filing a written statement were the mulgeni tenants, i.e., the present defendants 2 to 4 who were the heads of the three branches of the undivided Aliyasanthana family of which the plaintiffs of the present suit are the junior members. The appe