JUDGMENT

Karamat Husain, J. - This was a suit for ejectment of the defendants from a house on the allegation that the plaintiff was the sole owner of the house and that the defendants had been living therein as his licensees. The pleas in defence were that the house was ancestral that they were living in it as joint owners and that the sale deed dated 4th October 1885 executed by Moti Ram in favour of the plaintiff was fictitious. The learned Munsif dismissed the suit and his decree was affirmed by the lower appellate Court. The only point for determination before the lower appellate Court as appears from its judgment was whether the plaintiff was or was not the sole owner of the house. That Court came to the conclusion that the house in dispute was jointly owned and possessed by the parties. The plaintiff has preferred a second appeal to this Court and two points have been argued by his learned vakil. The first is that the judgment of the District Judge dated the 6th June 1905 in miscellaneous case No. 38 of 1905 under the Land Acquisition Act operates as res judicata. The second is that the Court below should have come to a finding on the question that the sale-deed dated the 4th