HONOURABLE SRI JUSTICE R.KANTHA RAO SECOND APPEAL No.1091 OF 2009 Dated 30-12-2010 Between: M.Praveen Kumar. …Appellant. And: B.V.Raju and another. …Respondents. HONOURABLE SRI JUSTICE R.KANTHA RAO SECOND APPEAL No.1091 OF 2009 JUDGMENT: This Second Appeal arises out of the judgment passed by the 1st Additional Chief Judge, City Civil Court, Secunderabad in A.S.No.156 of 2004 whereby and whereunder, the learned 1st Additional Chief Judge confirmed the decree and judgment passed by the XI Junior Civil Judge, City Civil Court, Secunderabad. I have heard the learned counsel. Plaintiff filed the present Second Appeal. He filed the O.S.No.1066 of 2000 for simple injunction, in respect of the schedule mentioned property stating that he purchased the property under an agreement of sale dated 9-5-1990 and also under the release agreement deed dated 6-1-1999 made by his co- owner in his favour. On the other hand, respondents/defendants contended that the 1st defendant purchased the schedule mentioned property i.e., plot Nos.37 and 38 admeasuring 420 Sq.Yds. forming part of S.Nos.70, 72, 73 and 74 of Chinna Thokatta Village, Bowenpally, Secunderabad from the Sanjeevaiah Nagar Co-Operative Housing Society Ltd., under a registered sale deed dated 22-11-1982 and when some third parties tried to interfere within the possession, they filed a suit against them. The suit was decreed and the defendants therein preferred an appeal which was also dismissed. Their contention was that the defendants in the said suit having lost the same, set up the plaintiff/appellant to file the present suit. Both the Court below recorded concurrent findings to the effect that the appellant did not file any document in proof of his ownership and possession showing that he purchased the property from its true owner whereas the defendants adduced evidence to the effect that 1st defendant purchased plot Nos.37 and 38 from the Sanjeevaiah Nagar Co-Operative Housing Society Ltd., under a registered sale deed dated 22-11-1982. Both the Courts below had categorically held that Exs.A.1 and A.2 filed by the appellant do not show that the plaintiff is the owner of the schedule mentioned property. On the other hand, the respondents-defendants by filing Ex.B.2 sale deed dated 22-11-1982 executed by the Sanjeevaiah Nagar Co-Operative Housing Society Ltd., established that their predecessors-in-title purchased the property from its pattadar under sale deed dated 21-4-1982 and thus, both the Courts have recorded a finding that the appellant-plaintiff could not be able to prove that he has any title to the property and is in possession and enjoyment of the property on the date of filing the suit. The findings of the Courts below not being perverse and not being contrary to the evidence on record, do not call for any interference in this appeal. In fact, the Second Appeal ought not to have admitted at all since it does not involve any substantial question of law for consideration. In view of the above, the Second Appeal is dismissed. There shall be no order as to costs. __________________________ Justice R.KANTHA RAO Dated 30-12-2010 Dvs HONOURABLE SRI JUSTICE R.KANTHA RAO SECOND APPEAL No.1091 OF 2009 Dated 30-12-2010