1. We agree with the Judge that there was no such necessity for the gift by the widow as would be binding on the reversioners. As the plaintiff was already in receipt of a regular income as Po-Brahman, and the ceremonies performed by him at Gaya were performed in the same capacity, and many years before the gift, there was no justification for the grant which was purely voluntary.

2. The next finding of the Judge is that the question of title in regard to the plaint property is res judicata by reason of the decision under Section 39 of the Land Acquisition Act of 1870. Assuming that the appellants were made parties to the proceedings under that Section, though the question is. doubtful owing to the faulty character of the notice (Exhibit III) served on the first appellant, we do not think that the finding in the Land Acquisition case in favour of the validity of the plaint gift operates as res judicata in this case, inasmuch as the litigation under that Act is a special form of proceeding confined to the determination of the amount of compensation due and the persons to whom it should be paid. Such a proceeding cannot be treated as a suit within the meaning of Section 13 of