DULAL CHANDRA CHATTERJEE Vs. MONI MOHAN MUKHERJEE

JUDGEMENT

(1.) This appeal arises out of a judgment and decree passed by the learned Subordinate Judge, Fifth Court at Alipore on June 12, 1978 in Title Suit No. 54 of 1974.

(2.) It appears that the facts are more or less admitted. The only question that falls for our consideration is as to the interpretation of the character of the deed of family settlement, as described by the settlor Pulin Behari, in favour of the defendant Nos. 1 and 2; viz. whether the said document has the effect of divestiture of interest and title of the settlor and vesting thereof in the beneficiaries; or in other words, whether by reason of the conditions contained in the document there was any restriction on the right of the beneficiaries or of the settlor which could, otherwise, negative the intent and purpose of the deed of settlement.

(3.) Mr. Roy Chowdhury and Mr. Banerjee had drawn our attention to the deed itself and the conditions contained therein and had pointed out in support of their respective contentions that either the document itself is, in fact, a deed of gift or family settlement, as the case may be, protected under Sections 122, 123, 126 and 197 of the Transfer of Property Act being a deed of settlement as defined in Section 2(24)(b) of the Indian Stamp Act or, according to Mr. Banerjee, it is neither a deed of gift nor a deed of settlement nor any other kind of deed which had the effect of divestiture of title or interest of the settlor immediately in favour of the defendant Nos. 1 and 2. According to Mr. Banerjee, there was no divestiture of or any vesting of the interest in the respective parties. Whether there was any divestiture of interest of the settlor :