A ALPHONESE Vs. VINCENT AND

JUDGEMENT

(1.) THIS second appeal arises out of the judgment of the learned Additional District Judge, Tiruchirapalli in A. S. No. 95 of 1983 dated 31. 8. 84, in confirming that of the learned Sub-Judge, Tiruchirapalli in O. S. No. 203 of 1981, dated 28. 4. 1982.

(2.) THE plaintiffs are the appellants in the above second appeal.

(3.) LEARNED counsel for the appellant has referred to the judgment of this Court by Mohan, J. , as he then was. reported in Sakunthala ammal v. Pattammal, 1976 (I) M. L. J. 297, wherein learned Judge has held that wherein a document, the executor had expressed a desire to give the property dealt with thereunder with an undertaking that it would not be encumbered or alienated by her during her life time and she would only enjoy the income therefrom would only indicate that the document was a Settlement deed and not a will.