THE HON'BLE MR JUSTICE V.ESWARAIAH SECOND APPEAL No.867 of 2011 DT.14.10.2011 Between: Gaddipati Sriravamma & ors … Appellants And Edara Seshagirirao & ors … Respondents Counsel for the Petitioners: Sri Md.Hussain Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE V.ESWARAIAH SECOND APPEAL No.867 of 2011 JUDGMENT: The appellants 1 to 4 herein are the unsuccessful defendants 1 to 4 before the trial Court. The 1st respondent herein filed the suit O.S.No.195 of 1999, on the file of the 1st Additional Junior Civil Judge, Tenali for declaration that he is the absolute owner of the plaint schedule property by virtue of Ex.A.1-registered Gift Deed, dated 2-11-1989 executed by one Suraiah and for declaration that the subsequent document Ex.B.1, dated 17-1-1990 executed by the said Suraiah cancelling Ex.A.1 Gift Deed and the execution of the Gift Deed and Sale Deed of even date dated 5-9-1994 in favour of his wife Suramma and the Will dated 6-5-1998 executed by Suramma in favour of defendants 2 to 4 as null and void and not binding on the plaintiff and for possession of the plaint schedule property. The said suit was decreed holding that once Suraiah gifted his property in favour of the plaintiff, who is no other than his own grandson, the cancellation of Ex.A.1 Gift Deed and the subsequent transfer of the said property is illegal. Unless, the defendants establish that the original Registered Gift Deed Ex.A.1 itself was brought in to existence by playing fraud, coercion and mis-representation, it cannot be said that the said Gift Deed was not legal and valid. When the property was already transferred by way of the registered instrument without reserving any right to cancel or assign, there cannot be any cancellation of the Gift Deed as the ownership was already transferred in favour of the plaintiff. Therefore, I am of the opinion that the trial Court rightly decreed the suit, and the lower appellate Court on re-appreciation of the entire evidence, confirmed the same. For the foregoing reasons, I do not see any substantial question of law that arise for consideration as the Court below rightly held that Ex.A.1, dated 2-11-1989 is a Gift Deed and is not a Will as contended by the appellant and is executed without playing any fraud and mis-representation and cancellation of the said Gift Deed is not legal and valid. The Second Appeal is accordingly dismissed. No costs. _______________ (V.ESWARAIAH,J) DATE: 14-10-2011 grk THE HON'BLE MR JUSTICE V.ESWARAIAH SECOND APPEAL No.867 of 2011 DT.14.10.2011 GRK