PARAMESWARAN Vs. LEKSHAMAN

JUDGEMENT

(1.) The substantial question of law involved in this Second Appeal is:

(2.) The first defendant who is the brother of the plaintiff and the second defendant who is the nephew of the plaintiff challenged the judgment and decree of the Trial Court. The appellate court reversed the decree and judgment of the Trial Court and held that Ext. A5 cancellation deed is valid. Hence the suit was dismissed.

(3.) The construction of two documents Exts. A2 and A5 would to a great extent resolve the dispute. Since the execution of Ext. A2 was practically admitted by Kali, as admitted in Ext. A5, the question to be considered is whether Ext. A2 is a gift deed/ settlement deed or is it a Will. The translation of the relevant portion of Ext. A2 reads as: