( 1 ) THIS appeal is preferred by the plaintiff being aggrieved by the judgment and decree of the Additional District Judge, Mahabubnagar dated 8-4-1985 passed in A. S. No. 32/1982. By the impugned judgment and decree, the appellate Court set aside the judgment and decree of the District Munsif, narayanapet dated 20-1-1982 passed in O. S. No. 41 /1980. In other words, the trial Court had decreed the plaintiff s suit and on an appeal filed by the defendants, the appellate Court set aside the judgment and decree of the trial court and consequently dismissed the plaintiff s suit. Hence, the plaintiff is now before this Court in this second appeal.

( 2 ) THE learned Senior Counsel Sri T. Veerabhadriah strenuously contended that the appellate Court has given a finding without considering certain material evidence on record. He further submitted that the appellate Court did not take into account the decree in favour of the plaintiff dated 7th shererwar 1355 fasli passed in O. S. 214/1/1355 fasli by the District Munsif court, Narayanpet. On the basis the gift deed dated 7th Shererwar 1355 Fasli in favour of plaintiff vide Ex. A-1 and the said decree vide Ex. A-1, the plai