JUDGMENT

Dr.B.S.Chauhan, J.

1. These appeals have been preferred against the impugned judgment and order dated 12.12.2003 passed by the High Court of Madras in Second Appeal Nos. 1536-1537 of 1991, by way of which the common judgment and decree passed by the First Additional District Judge in A.S. No. 198 of 1983 and A.S. No. 43 of 1988 were set aside, and the suit O.S. No. 58 of 1982, was dismissed, holding that the suit filed by the plaintiff, father of the appellant herein, is not maintainable.

2. Facts and circumstances giving rise to these appeals are that:

A. The suit property i.e. House No. 9/39, Savaripadayatchi Street, Nellithope, Pondicherry, originally belonged to the deceased appellant/great grandfather Vengadachala Naicker, son of Ayyamperumal Naicker. He donated the above-mentioned suit property on 13.12.1896 in favour of his minor grandsons Radja Row and Kichnadji Row, both sons of Ponnusamy Naicker, and the said donation deed was registered on 18.1.1897. In the deed, it was provided that the donees/grandsons would only have a life estate, and that after their death, only their male legal heirs shall be entitled to the suit property, with the right of alienation.

B. In