JUDGMENT :- The question that arises for consideration in this second appeal by the plaintiff' s is whether the deed dated 5-7-1962 executed by one Nachar Ammal is a will or a settlement. If it is construed as a will, the plaintiffs' suit is liable to be dismissed, and if it is construed as a settlement, the plaintiffs will succeed. Though the trial court held that it is a settlement deed, the lower appellate court held that it is a will and dismissed the suit.

2. The document is styled as a settlement deed. It was also registered as such. In the preamble of the document, it is stated that out of natural love and affection for the first plaintiff and his wife the second plaintiff who are the son and daughter-in-law of the executant' s paternal uncle and with a view to make them absolute owners after her lifetime, she is executing the document. In the disposition clause, it was stated that after the lifetime of the executant, the property will have to be taken and enjoyed absolutely with all rights of alienation by the plaintiffs and that the

patta also will have to be transferred in favour of the plaintiff after her lifetime. The document further provided that during her l