THE HON’BLE SRI JUSTICE V.ESWARAIAH SECOND APPEAL No.758 of 2009 JUDGMENT: The appellants are the defendants and the respondents, who are the plaintiffs filed the suit in O.S.No.6 of 1998 on the file of the Additional Senior Civil Judge, Tirupati, for recovery of a sum of Rs.1,25,330/- based on Ex.A-2 conditional agreement, dated 28- 04-1995. The trial court, after considering the oral and documentary evidence, held that Ex.A-1 sale deed was executed by the defendants in favour of the plaintiffs in the year 1985 and that after due deliberations and mediations, both the defendants executed Ex.A-2 conditional agreement in favour of the plaintiffs and as per the conditions stipulated in Ex.A-2, the defendants are liable to pay Rs.1,00,000/- with interest at the rate of 12% p.a. and accordingly, basing on Ex.A-2, decreed the suit with costs vide its judgment and decree, dated 12-04-2005. Aggrieved by the same, the appellants herein filed A.S.No.54 of 2004 on the file of the IV Additional District Judge, Tirupati. The appellate court, after reappraisal of the entire oral and documentary evidence, vide its judgment, dated 29-01-2008, dismissed the appeal confirming the judgment of the trial court. Aggrieved by the same, the plaintiffs filed this Second Appeal. A perusal of judgments of both the courts below goes to show that the plaintiffs proved execution of Ex.A-2 by both the defendants and, therefore, the trial court, after considering the oral and documentary evidence, rightly decreed the suit. Further, the lower appellate court, after reappraisal of the oral and documentary evidence, rightly dismissed the appeal confirming the judgment and decree passed by 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. __________ 09-10-2009 Prv