JUDGMENT

PRASHANT KUMAR MISHRA, J. - This is a defendant's second appeal under Sec. 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dtd. 17/1/2000 passed in A.S.No.3 of 1998 by the Senior Civil Judge, Avanigadda, reversing the judgment and decree dtd. 11/8/1997 passed in O.S.No.166 of 1991 by the District Munsif, Avanigadda.

2. This appeal has been admitted treating grounds (a), (b), (c) and (f) in the memorandum of appeal as substantial questions of law. The said grounds/substantial questions of law are as follows:

'(a) Whether it is permissible to parties to adduce oral evidence in proof of title alleged to have been acquired under a will deed and gift deed without either examining a single witness or even producing the documents.

(b) Whether it is permissible for the parties to claim title under a gift deed which is not registered.

(c) Whether it is permissible to parties to bequeath a certain share prior to partition of joint properties.

(f) Whether the appellate court has not erred in concluding that defendant did not succeed in establishing his claim over the property when it is settled law that plaintiff must succeed on his own strength and not on