B N ANANTHACHARY Vs. P K MOHAN RAM

JUDGEMENT

(1.) THE unsuccessful defendants 1 and 2 have filed this second appeal.

(2.) THE plaintiff on the basis Ex.A-2 settlement deed dated 27.3.1969 filed a suit for declaration and partition of his 1/17th share in the suit property. According to him, under Ex.A-2, one Perumal Iyer executed the settlement deed and thereby the plaintiffs is entitled to 1/17th share. THE plaintiff is one of the sister's children of Ponnammal, who is the wife of Perumal Iyer. It is not in dispute that Perumal Iyer died issueless.

(3.) SO, we have to find out whether Ex.A-2 constitutes a Will or settlement. The main test is whether the disposition of the interest in the suit property in in praesenti in favour of the settles or whether it takes effect on the death of the executant. If it is on the death of the executant, it would be a Will. If the interest of the property is divested and the interest is vested in praesenti on the settlee, the document has to be treated as settlement. To find out the same, the substance of the document should read entirely, and it cannot be decided on the basis of the form of the nomenclature.