CURGENVEN
Garapati Gangaraju – Appellant
Versus
Pendyala Somanna – Respondent
Curgenven, J.
1. The plaintiff in this case is the daughters son of one Kristnamma and the 2nd defendant is his sonss son. The 1st defendant is the 2nd defendants father-in-law. The 1st defendant brought a suit upon a promissory note against Kristnamma and the 2nd defendant and attached the family property before judgment. Subsequently, but during the pendency of the suit, Kristnamma died. The 2nd defendant was brought on record as his legal representative and a decree was passed against the family property in his hands. In the course of the execution proceedings the plaintiff filed a claim petition asserting his right to a portion of the property on the strength of a conveyance deed executed by Kristnamma on 27th February 1917. The first question arising in this second appeal is whether the said deed is a Will or a conveyance reserving a life-estate.
2. The document on the face of it is of a non-testamentary character. It was so stamped and so registered. It is called a dakal dastaveju, which means a conveyance or settlement deed. It is true that a document which is not a Will in form, may yet be a Will in substance and effect; but as was held in Mahadeva Iyer v. Sankarasubr
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