( 1 ) THE respondent herein filed O. S. No. 1 of 1963 on the file of the subordinate Judge s Court, Nalgonda for partition of certain properties. The petitioner herein is the second defendant in that suit. He and the fourth defendant relied upon a document executed by one Lakshmakka. In that document which was styled as a will it was recited that certain lands mentioned therein were given to her eldest grandson, the second defendant and to Butchaiah the fourth defendant by making a division thereof between them, half and half. The document further stated that in future after her death, the second defendant would be entitled to succeed to the extent of half of the said lands. The Subordinate Judge had to consider at one stage of the suit whether this document was a gift or a will. He held that in so far as the properties given to Butchaiah, the fourth defendant are concerned it operated as a gift or a settlement and in so far as the properties given to the second defendant are concerned it operated as a will. This order was carried in revision to this Court in C. R. P. No. 1196 of 1966. By a Judgment dated 30th June, 1967, this court agreed with the above construction placed by the

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