( 1 ) THIS appeal arises out of the judgment and decree in O. S. No. 262 of 1988 on the file of the District Munsif, Palamaner, Chittoor district as confirmed by the District Judge, chittoorin A. S. No. 99 of 1994 dt. 31 -3-1999.

( 2 ) BOTH the Courts below concurrently held against the appellants/plaintiffs and dismissed the suit as well as the appeal. The learned Counsel for the appellants Sri Vidya sagar Vehemently contended that both the courts below gravely erred in holding that the appellants failed to produce any evidence to show that the deceased respondent obtained decree in O. S. No. 258 of 1985 on the file of the District Munsif, punganur by playing fraud on the appellants by making an endorsement on the summons that the appellants refused to receive summons and the assertion of the appellants was denied by the respondents while they were in the witness box.

( 3 ) THE factual matrix of the case are that an extent of 2 cannies 39 guntas and 6 veesams in the estate of Gundugallu Village, punganur Jamin Estate was purchased by one Achappa Chetty was is the father of the 1st appellant and grand-father of the 2nd appellant long back. It is also not in disput