MINOR SHANMUGAM Vs. N R MANI

JUDGEMENT

(1.) The above appeal is directed against the order dated 15-3-1999 made in C.M.A. No. 31 of 1998 on the file of the Principal District Court, Erode, confirming the fair and decreetal order dated 7-4-1998 made in E.A. No. 300 of 1997 on the file of the I Additional District Munsif Court, Erode. The learned District Munsif dismissed the application filed by the appellant and refused to raise attachment made on 11-6-1987 attaching the property in the Execution proceedings in E.P. No. 81 of 1997 to execute the decree dated 9-1-1992 in O.S. No. 582 of 1997 laid by the first respondent/plaintiff (decree holder) against the second respondent/defendant (Judgment debtor).

(2.) Admittedly, the property was settled by one Palani Ammal, the mother of the second respondent/defendant (judgment debtor) under Ex. A.6 dated 1-6-1984. Even before the suit was filed, the said property settled under Ex. A.6 by the said Palani Ammal in favour of the second respondent was attached on 11 -6-1987; The settlement deed dated 1-6-1984 is said to have been cancelled by the settlor/executor on 15-6-1987 under Ex. A. 7, treating the said settlement deed Ex. A.6 as the Will and the appellant/third party purchased the said property given under Ex. A.6 on 16-6-1987 and hence filed the above E.A, No. 300 of 1987 to raise attachment. Both the Courts below refused to accept the contention made on behalf of the appellant that Ex. A.6 was a Will and not a Settlement. Hence the above appeal.

(3.) The substantial question of law as framed by this Court in the above civil miscellaneous second appeal with respect to the interpretation of the document Ex. A6 is whether the document is a Settlement deed or a Will.