THE HON’BLE SRI JUSTICE V.ESWARAIAH SECOND APPEAL NO.763 OF 2009 JUDGMENT: Appellants herein are the defendants against whom respondent herein filed suit O.S.No.478 of 2003 on the file of the First Additional Junior Civil Judge, Madanapalle, for enforcement of specific performance of the agreement of sale dated 1.3.1997. In the said suit, a specific plea has been taken by the defendants that Ex.A-1 agreement of sale, dated 1.3.1997 is forged and concocted and therefore the suit is liable to be dismissed. The other ground that was taken is that the sale amount under the agreement of sale is undervalued and the property is much more than the value mentioned in the agreement of sale. On appreciation of the entire oral and documentary evidence, the trial court held that when once the scribe and one of the attestor corroboratively deposed that Ex.A-1 was executed in their presence by both the defendants, the burden shifts on the defendants to disprove the said fact by sending Ex.A-1 to the Expert or by adducing relevant evidence and in the absence of any such rebuttal evidence, it shall be presumed that Ex.A-1 is a genuine document and its contents are true and correct. With regard to the valuation of the suit property also, the trial court held that there was no under valuation and accordingly decreed the suit. The lower appellate court on re-appreciation of the entire oral and documentary evidence confirmed the judgment and decree of the trial court. In view of the aforesaid concurrent findings of both the courts below, I do not see any substantial question of law that arises for consideration in the second appeal. The second appeal is accordingly dismissed. ______________ V.ESWARAIAH, J. kpr