This appeal is directed against the judgment dated 28.06.2005 of learned Senior Civil Judge, Bhimavaram in A.S.No.4 of 1996. By the said appeal, the learned first appellate Court set aside the judgment dated 31.01.1996 of learned I Additional District Munsif, Bhimavaram in O.S.No.183 of 1993 and the suit was accordingly dismissed.

2. On 16.03.2006 a learned Judge of this Court admitted this appeal under Section 100 C.P.C. formulating the following substantial questions of law:

1. Whether the lower Appellate Court is right in holding that the Ex.A.2 deed is a settlement deed but not a Will, without considering the fact that there is no transfer in praesenti during the lifetime of the settlor, but there is transfer in future?

2. Whether the lower Appellate court is right in holding that the disputed document Ex.A.2 is settlement deed basing on the nomenclature of the document, without going into the contents of the documents?

3. Whether the lower Appellate Court is right in h