IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH SECOND APPEALNo.1331 of 2010 Between: Sekharmantri Appala Narasimha Murthy ..... APPELLANT AND Sekharmantri Varaha Narasimha Murthy .....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE V.ESWARAIAH SECOND APPEALNo.1331 of 2010 JUDGMENT: The appellant is the son of the respondent. The respondent filed the suit O.S.38/2005 for declaration of title and for recovery of possession of plaint ‘A’ & ‘B’ schedule properties on the file of the Senior Civil Judge, Yelamanchili. A-schedule property is RCC building consisting of ground and first floor bearing Door No.19-70, admeasuring 531 sq.yards in Kuncham Ganga Rajuveedhi of Kottapeta, Yelamanchili, Visakhapatnam District. B-schedule properties are the moveable properties. The said suit was decreed on 30.09.2009, against which the appellant/defendant filed appeal in A.S.280/2009 on the file of the X Additional District & Sessions Judge (Fast Track Court), Visakhapatnam at Anakapalle and the lower appellate Court by judgment and decree dated 25.06.2010 dismissed the said appeal upholding the decision of the trial Court. Aggrieved by the said judgment, the appellant/defendant filed the present second appeal. The parties hereinafter are referred to as they were arrayed in the trial Court. It is the case of the plaintiff who is the father of the defendant that he retired from services of Railways on 30.06.1988 and purchased the house site vide registered sale deed dated 15.05.1989 and constructed a house thereon with his retiral benefits and own earnings. It is stated that the plaintiff has got a daughter and a son (the defendant) who is practicing as an advocate. The plaintiff and his daughter jointly purchased Maruthi Van in the name of defendant by obtaining loan from the State Bank of India. The plaintiff got married his daughter in 2001 and married his son in 2002. The defendant was born in 1958 whereas the daughter of the plaintiff was born in 1959. It is the case of the plaintiff that he got educated his son and daughter and got them married, and he has acquired ‘A’ & ‘B’ schedule properties from out of his personal earnings i.e. salary alone. But it is the case of the defendant that an extent of Ac.3.41 cents is the ancestral property and the said property is the joint family property and therefore, from out of the income derived from the ancestral property, the plaintiff acquired ‘A’ & ‘B’ schedule properties. It is stated by the plaintiff that the income from the ancestral property is meager and it is not even sufficient to educate the children and he has not utilized any income derived out of the ancestral agricultural land of an extent of Ac.3.41 cents, but he has exclusively acquired A-schedule properties from out of his own pernsionary benefits and salary accumulations. It is not in dispute that the plaintiff got educated his son and daughter and after two years of the filing of the suit for declaration, his son i.e. the defendant has also filed a suit in O.S.41/2007 on the file of the same Senior Civil Judge, Yelamanchili for partition of the agricultural land of an extent of Ac.3.41 cents alone. Thus, both the Courts below held that the defendant is well aware about the acquisition of the A-schedule property from out of the personal earnings of the plaintiff, and therefore, he has not filed any suit for partition in so far as ‘A’ & ‘B’ schedule properties are concerned. Both the Courts below concurrently held that ‘A’ & ‘B’ schedule properties are the personal properties of the plaintiff acquired from out of his personal earnings without any contribution of the income derived from out of the ancestral property. The defendant has not adduced any rebuttal evidence. In view of the concurrent findings of 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 at the stage of admission. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 12.11.2010 Dsr