V. RAJAGOPALA REDDY, J.

( 1 ) THIS L. P. A. arises outof the Judgment and decree of the learned single Judge in A. S. No. 1654/80, confirming the judgment and decree passed by the trial court in O. S. No. 35/78 on the file of the Subordinate Judge, Tenali.

( 2 ) THE 1st appellant is the plaintiff. She and wife of the 1st respondent vimalavathy, are sisters and are the daughters one Seshamma. Seshamma executed 2 documents Ex. B-1 and B-2 both dated 1-12-1958 by which she settled certain properties on the 1st appellant, Vimalavathy. The wife of the 1st respondent died on 4-5-1970 leaving the 1st respondent as her heir. Thereafter, seshamma executed Ex. A-1 alleged will dt. 21-8-1970 revoking Ex. B-1 dated 1-12-1958 and bequeathing the properties covered by Ex. B-1 in favour of the 1 st appellant/plaintiff. Seshamma died on 26-1-1976. The suit was filed for possession of some items of suit property on the basis that Ex. B-1 wasa will and not a settlement deed and hence the revocation deed Ex. A-1 dt. 21-8-1970 was valid and that the plaintiff/appellant was entitled to the suit property. 1st respondent s case is Ex. B-1 was not a will but a settlement deed by which mere was disposition of interest in praesenti in favour of his wife and only possession was postponed till after the death of Seshamma. Therefore, Ex. A-1 is invalid and the plaintiffs have no right in the suit property. The trial Court dismissed the suit holding that Ex. B-1 was not a will but a settlement deed and in appeal the learned single Judge did not find any reason to interfere with the lower court s Judgment and decree. The 1st appellant, therefore, came up in this letters Patent Appeal.

( 3 ) LEARNED counsel appearing for the appellants and respondents have fairly conceded mat the result of the L. P. A. depends upon the construction of recitals in Ex. B-1 document dt. 1-12-1958 and that if there is disposition and passing of interest in the suit property in favour of the appellants in praesenti, on the date of Ex. B-l it would amount tp settlement deed or if the passing of interest is postponed till after the death of the executant it has to be considered as a will, in which case the 1st appellant succeeds.

( 4 ) WE now proceed to examine the recitals of Ex. B-l. Ex. B-1 is in Telugu. Its translated copy was given to us, which is extracted hereunder:"i am 78 years old by now. Since I have been suffering from nanju disease and breathlessness and Asthma and I feel that it would be difficult for me to live long. You happened to be my daughter, out of great love and affection, I have for you I, having felt strong desire got this settlement deed executed in your favour this day, settling the properties mentioned in the schedule hereunder i. e. the property I had purchased on 21-11-1935 from sharadappa wife of Damarla Anjaiah and Vejella Veeraiah and others which is my self-acquired property, and the land devolved upon me out of the property of my husband under a decree passed by the Andhra pradesh High Court and which has been in my absolute rights and enjoyment, to belong to you after my death to be enjoyed by you with absolute rights. Therefore taking possession of the schedule land after my death you may enjoy the same freely and happily till the Sun and Moon endure together with trees, water stones, treasures and treasure troves with all the rights with absolute powers of disposition by way of gift, mortgage, exchange, sale etc. from your son to grand son and so on by paying the taxes of the municipality, Government etc. from then onwards. I, heirs of my successors shall never raise any dispute against you,your heirs or successors in this behalf. Having assured your and made you to believe that the schedule mentioned properties have not been alienated and have not been subjected to any attachments of Courts, securities etc. and are free from all encumbrances and which are in my absolute right and enjoyment, this deecl of settlementis got executed and "deliver

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