Judgment

WANCHOO, J. : These are connected appeals by special leave against the judgment of the High Court of Allahabad, and the only question raised herein is one of resjudicata. They will be dealt will together. The appellant s father brought suit No. 37 of 1950 against the respondent, Smt. Daryao Kunwar; for a declaration that he was the owner of the properties in suit and for possession in the alternative. The appellant was also a party to the suit as a pro forma defendant. Since his father is dead, he has been substituted in his place. The case put forward in the plaint was that Harnam Singh was the uncle of the appellant s father. Ram Kishan was the adopted son of Harnam Singh, and the respondent is his widow. The appellant and his father were living jointly with Harnam Singh and his adopted son Ram Kishan and on the deaths of Harnam Singh and his adopted son, the appellant and his father became owners of the joint properties by survivorship; but the names of the widows of Harnam Singh and Ram Kishan were entered in revenue papers for their consolation, though they had no right or title to any part of the property in dispute. There were other allegations in the plaint with whi