1. The fate of this appeal should depend upon the construction of the terms of Ext. Al document. If it is to be interpreted as a Will, then the appellant should lose. On the other hand, if it is construed as a settlement conferring rights in praesenti, he has to be given a decree. Both the courts below construed Ext.Al document as a Will and non-suited the plaintiff.

2. Shorn off unnecessary details, the paternal grandmother of the plaintiff executed Ext.Al settlement deed dated 5.11.2003 in his favour in respect of 38.999 cents of land with a building therein. By Ext.A6 cancellation deed dated 5.5.2008 the settelor under Ext.Al cancelled Ext.Al document treating it as a Will. The challenge against the said cancellation deed was that Ext.Al is a settlement deed which the plaintiff which cannot be taken away at a latter stage by executing a cancellation deed. On the basis of those allegations, the suit was laid for cancellation of Ext.A6 and for other reliefs.

3. The defendant resisted the suit by pointing out that Ext.Al was intended to be only a Will and the settleor under that document is entitled to vary the document at her wish. It is clear on a reading of Ext.Al, acco