JUDGMENT :- This second appeal by the defendants arises out of a claim suit instituted by the respondent. He was a creditor of one Bhaktavatsala under a promissory note executed by him and he had obtained a decree on that footing during his lifetime. Bhaktavatsala got divided from his sons and the properties which had been allotted to his share were settled by him on the defendants, of whom the second was his concubine and the first his illegitimate son by her. The lower appellate Court differing from the trial Court has found that the settlement in favour of the defendants comprised the entire properties which Bhaktavatsala owned at the time and that the defendants, therefore, are universal donees.

2. The respondent in execution attached one of the properties covered by the settlement but the defendants claim on the basis of the settlement was allowed. The respondent was, therefore, driven to file a suit out of which this second appeal arises. The trial Court found that the settlement deed was valid and acted upon and that the defendants were not universal donees. On that view, it dismissed the suit. On appeal by the respondent, the lower appellate Court, as I have already