THE HON’BLE SRI JUSTICE V.ESWARAIAH SECOND APPEAL No.781 of 2010 JUDGMENT: The appellant is the plaintiff and the respondents herein are the defendants in the suit in O.S.No.367 of 2002 on the file of the Principal Junior Civil Judge, Guntur. The plaintiff filed the said suit against the respondents herein seeking the relief of declaration that the plaintiff had Ac.0-32 cents of land i.e., plaint schedule property in D.No.739 of Ankireddypalem village, and to direct the 1st defendant to give possession of the same to the plaintiff and co-operate for execution of the rectification deed in respect of the sale deed, dated 28-07-2000 by amending the southern boundary as ‘Nathaluku Migulu Bhumi’. It is the case of the plaintiff that originally total extent of the land admeasuring Ac.5-56 cents in D.No.739, out of which, his sister owned land was gifted to the plaintiff to an extent of Ac.1-90 cents vide gift deed, dated 16-01-1957. Out of Ac.1-90 cents, he sold the land to an extent of Ac.1-50 cents in favour of the 1st defendant vide Ex.A-1-sale deed, dated 28-07- 2000. It is stated that defendants 2 and 3 purchased an extent of Ac.1-76 cents from third parties in D.No.739, but they have sold an extent of Ac.2-08 cents to the 1st defendant instead of the land admeasuring Ac.1-76 cents. It is stated that the said excess land of 32 cents belongs to the plaintiff. The trial court, after hearing both sides and after considering the material on record, held that the plaintiff has failed to establish the total extent of the land purchased by defendants 2 and 3 from third parties and that the plaintiff has also failed to establish that he has retained the land admeasuring 32 cents after selling the land admeasuring Ac.1-50 cents in favour of the 1st defendant under Ex.A-1 sale deed, and accordingly, dismissed the suit vide its judgment and decree, dated 27-07-2004. Aggrieved thereby, the plaintiff filed A.S.No.195 of 2004 on the file of the V Additional District Judge (Fast Track Court), Guntur. The lower appellate court, after reappraisal of the entire oral and documentary evidence, dismissed the appeal confirming the judgment and decree of the trial court. Aggrieved thereby, the plaintiff filed this Second Appeal. I have perused the judgments passed by the trial court as well as the appellate court. I am of the opinion that the trial court, after hearing both sides and after considering the entire material available on record, rightly dismissed the suit. Further, the lower appellate court, after reappraisal of the entire oral and documentary evidence, rightly dismissed the appeal confirming the judgment and decree of the trial court. In view of the concurrent findings recorded by both the courts below, I do not see any question of law, much less substantial question of law that arises for consideration in the Second Appeal. Accordingly, the Second Appeal is dismissed. There shall be no order as to costs. __________ 14-10-2011 Prv