Mishra, J.

Three questions, (1) Whether Ex.A-1 had the character of a testament alone a deed of settlement of rights and interests in the property of the executrix for life her death upon the plaintiffs and the defendants 3 to 5 and the heirs and representative of the deceased daughter of the executrix (defendants 6 to 9)" in O.S.No.156 of 1978 of the court of Subordinate Judge, Coimbatore, (2) whether the deed of cancellation (Ex.A-2) is valid and legal in the sense that it cancelled the rights and interests plaintiffs and the defendants 3 to 9 in the suit and (3) whether the suit filed beyond period of three years for a declaration that Ex.A-2 is null and void is maintainable, our consideration in this Letters Patent Appeal.

2. Before we enter into the examination on the above questions, we may state briefly facts. It is the admitted case of the parties that the site or the land in dispute was name of the first defendant acquired under two documents, one dated 19.8.1931 and the other dated 3.6.1932 (Ex.B-2). According to the plaintiffs, the land was acquired the first defendant out of her own funds and the buildings thereon were also put up On 30.11.1970 as per Ex.A-1