( 1 ) THIS appeal is directed against the judgment of our learned brother Srinivasachari, J. , dated 6-12-1957 in S. A. No. 310 of 1955, on leave granted by the learned Judge under Clause 15 of the Letters Patent.

( 2 ) THE facts out of which this appeal has arisen may be briefly stated :

( 3 ) THE appellants before us brought O. S. 74 of 1949 in the Subordinate Judges Court, Cuddapah, foe setting aside the order dated 4-5-1949 made in E. A. No. 366 of 1948 in O. S. No. 235 of 1943 on the file of the District Munsiffs Court, Nandalur, and for re-delivery of possession of the suit properties to the appellants-plaintiffs, hereinafter referred to as the plaintiffs. The suit property consists of the northern portion of a terraced house in the town of Badvel in Cuddapah District. The 2nd plaintiff is the mother of the 1st plaintiff. The latter as minor represented by his guardian, the 2nd plaintiff filed O. S. No. 396 of 1931 in the District Munsifs Court, Mandalur, on a promissory note, against one Chinni Venkata Subbayya and his sons and also obtained an attachment before Judgment of the suit house, which then belonged to the defendants in that suit. This suit was decree