1. The suit in this case was instituted by the plaintiffs as the heirs of one Kunhamed, a Mahomedan for the ejectment of certain tenants from some land leased to them by Kunhamed. The second defendant denied plaintiffs rights to succeed to Kunhameds property as his heir and contended that the succession to his properties was governed by the Marumakkatayam law, and that he himself was entitled to the property in question as the next Karnavan of the tarward of the deceased Kunhamed. The plaintiffs contended that the question of the rule of succession to the property was res judicata in consequence of an order passed in a prior suit relating to a different matter instituted by Kunhamed, when a question arose on Kunhameds death whether the present plaintiffs were entitled to continue the suit as his legal representatives. The 2nd defendant, who was a party defendant in that suit, contested the plaintiffs heirship and right to come in as Kunhameds representative but the Court upheld their claim. The District Munsif held that the previous order would not make the question of plaintiffs heirship res judicata and on the merits he decided the question against the plaintiffs. On appe