( 1 ) THE respondents filed a petition for eviction against one r. Nagaiah on the ground of wilful default in paying the rents. The eviction petition was instituted sometime in 1976. R. Nagaiah, against whom the petition was filed, was dead long prior to the institution of the said petition. In fact, the finding now is that he died on 11th February, 1974. Having obtained an order of eviction, the respondents took out execution and. on 13th July, 1977, the revision-petitioners herein who are the wife and children of the said Nagaiah, were forcibly evicted. In fact, the petitioner s case is that the eviction was effected in their absence. Soon thereafter the petitioners applied to the Court below for restoration of possession on the ground that the crder of eviction passed against a dead person was a nullity and that, the respondents obtained the said order of eviction by practising fraud upon the court. The Court below found as a fact that the eviction order was passed against a dead person, but dismissed the petition on the ground that it has no power to restore possession to the petitioners and observing that, the only course for the petitioners is to institute a civil suit for ap

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