THE HON’BLE Ms. JUSTICE G. ROHINI SECOND APPEAL NO.144 OF 2009 Dated: 31.03.2010 Between: A. Subbarathnamma … Appellant And Gondi Nagaratnamma and another … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI SECOND APPEAL NO.144 OF 2009 ORDER : This Second Appeal is preferred against the judgment and decree dated 26.11.1997 in O.S.No.66 of 1991 on the file of the Court of the Subordinate Judge, Gooty as confirmed by judgment and decree dated 4.10.2002 passed by the learned IV Additional District Judge, Fast Track Court, Anantapur in A.S.No.10 of 1998. The appellant is the plaintiff, who filed O.S.No.66 of 1991 for partition and separate possession of her half share in the plaint schedule property. The defendants/respondents herein contested the suit claim and after hearing both the parties, the Court below dismissed the suit by judgment dated 26.11.1997. Against the same, the plaintiff preferred A.S.No.10 of 1998 and the lower Appellate Court on re-appreciation of the material available on record, confirmed the judgment of the lower Court and dismissed the appeal by judgment dated 4.10.2002. Aggrieved by the same, this Second Appeal is filed. Heard the learned counsel for the appellant and perused the material available on record. The plaintiff and the 1st defendant are the daughters of one Jayavaram Gurrppa Setti. The 2nd defendant is the daughter of the 1st defendant. It was claimed by the plaintiff that Gurrappa Setti executed a Registered Will dated 21.6.1966 bequeathing all his properties in equal shares to the plaintiff and the 1st defendant. However subsequently the defendants 1 and 2 with the help of the 2nd defendant’s husband and father-in-law got executed a Registered Gift Deed, dated 4.9.1984 by Gurrappa Setti in favour of his wife Parvathamma with limited rights and the 2nd defendant with full rights. Alleging that the Gift Deed, dated 4.9.1984 was not executed by Gurrppa Setti voluntarily and the same was obtained by the defendants by exercising undue influence and coercion and consequently the same was not binding on the plaintiff, the suit was filed for partition and separate possession as per the Will dated 21.6.1966 contending that the rights of the plaintiff to the extent of her half share in the plaint schedule house were not extinguished by virtue of the subsequent Gift Deed dated 4.9.1984. The defendants contested the suit denying the plaint allegations and contending that Gurrrppa Setti had executed the Registered Gift Deed dated 4.9.1984 voluntarily after cancelling the Registered Will dated 21.6.1966. On the basis of the said pleadings, the trial Court framed the following issues for trial: (1) Whether the Gift deed dated 4.9.1984 is true, valid and binding on the plaintiff? (2) Whether the Gift deed dated 4.9.1984 was executed voluntarily and out of his own free will by late Gurrppa in favour of 2nd defendant? (3) Whether the plaintiff is entitled to half share in the plaint schedule property? (4) To what relief? Plaintiff got herself examined as P.W.1 and Ex.A-1 – Gift Deed, dated 4.9.1984 – was marked on her behalf. On behalf of the defendants, D.Ws.1 & 2 were examined and Exs.B-1 to B-3 were marked. On appreciation of the evidence, both oral and documentary the trial Court held that Ex.B-2 Gift Deed was genuine and the same was executed by Gurrappa Setti voluntarily in sound state of mind. It was also found that the said Gift Deed was binding on the plaintiff. Accordingly, the suit was dismissed holding that the plaintiff was not entitled to any share much less half share as claimed by her. The said findings of fact were confirmed by the lower Appellate Court on re- appreciation of the material available on record. On a careful consideration of the entire material available on record, I do not find any justifiable reason to interfere with the said concurrent findings of fact. The matter does not involve any question of law much less any substantial question of law and therefore the interference by this Court is not warranted on any ground whatsoever. Accordingly, the Second Appeal is dismissed. No costs. _____________ G. ROHINI, J. Dt. 31.03.2010 Ivd