This is a second appeal preferred against the decree and judgment of the learned Subordinate Judge of Kakinada in A.S.No.207 of 1947, reversing the decree and judgment of the learned District Munsif of Peddapuram in O.S. No.232 of 1946.

The facts are:-The plaintiffs, sons of one Sitaramaswami, sued for possession of S.No.28/12, eastern portion 24 cents in extent, and recovery of Rs.30 towards past mesne profits on the foot of the following allegations; on 22nd September, 1937 and 7th January, 1936, Sitaramaswami executed two promissory notes to the second defendant K. Venkataratnam. On 7th March, 1939, the second defendant filed S.C.No.99 of 1939 against Sitaramaswami to recover the amount due under the Said promissory notes. During the pendency of this suit on 26th April, 1939, the minor plaintiffs, sons of Sitaramaswami, filed a suit for partition against Sitaramaswami in O.S.No.102 of 1939. On 17th August, 1939, S.C. No. 99 of 1939 Was decreed. On 20th November, 1939, the suit property was attached in execution. On 22nd April, 1940, a preliminary decree was passed in the partition suit to the effect that A and C schedule properties were to be divided into three shares a