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

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