THE HON’BLE SRI JUSTICE V.ESWARAIAH SECOND APPEAL No.888 of 2010 JUDGMENT: The appellant is the defendant and the respondent herein is the plaintiff in the suit in O.S.No.1930 of 2005 on the file of the Principal Junior Civil Judge, Guntur. The plaintiff filed the said suit seeking the relief of declaration that the gift deed, dated 25-11-2004, as null and void and consequently to grant the relief of permanent injunction. It is the case of the plaintiff that his father acquired the suit schedule property and he died intestate on 01-09-2004 leaving behind his wife namely Sambrajyam and the plaintiff and he inherited the suit schedule property subsequent to the demise of Sambrajyam on 30-05-2005. But, by that time, the defendant, who is residing in the same village, has been proclaiming that there is a gift deed, dated 25-11-2004, said to have been executed by late Sambrajyam during her life time in favour of the defendant. The plaintiff is not aware of the execution of gift deed and the said Sambrajyam never informed about execution of the alleged gift deed. The defendant never visited the said Sambrajyam during her life time. Therefore, the question of execution of gift deed does not arise. It is the case of the defendant that Sambrajyam is no other than the mother of the defendant and she executed a gift deed, dated 25-11- 2004 in favour of the defendant under a registered document. After the death of Sambrajyam, the plaintiff has started troubling without any right over the suit schedule property. The trial court, on appreciation of the oral and documentary evidence, held that the suit schedule property is an ancestral property of the said Sambrajyam, as is evident from the tax receipts, that the said Sambrajyam has got absolute right over the suit schedule property at the time of execution of Ex.A-1 and that the plaintiff has failed to establish that the suit schedule property belongs to his father, and therefore, the plaintiff is entitled to get half share in respect of the suit schedule property and accordingly decreed the suit in part. Aggrieved thereby, the defendant filed A.S.No.283 of 2008 on the file of the Principal District Judge, Guntur. The lower appellate court vide its judgment and decree, dated 24-02-2010, dismissed the appeal confirming the judgment and decree of the trial court. Aggrieved thereby, the present Second Appeal is filed. 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 decreed the suit partly with costs. 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 this Second Appeal. Accordingly, the Second Appeal is dismissed. There shall be no order as to costs. __________ 14-10-2011 Prv