( 1. ) CHALLENGE is made in this first appeal to the judgment and decree dated 22/12/2002, and made in O.S. No. 1770 of 1999 on the file of the Additional District and Sessions Judge (FTC-V) Chennai by the plaintiff therein.

( 2. ) THE facts which giving rise to the memorandum of this first appeal may be summarised as under:

"THE suit property was originally belonged to Madurai Naicker. He died some 50 years ago leaving behind his three sons namely: (1) Guruswami Naicker (2) Subramania Naicker (3) Govindaraja Naicker. Madurai Naicker had gifted the suit property being his self acquisition in favour of his third son, Govindaraja Naicker born through his second wife. THE terms of the gift deed runs as follows: i. If the donee dies issueless after being married, his widow shall enjoy the property till her death, ii. THEreafter it shall devolve on the other two sons viz; Guruswami Naicker and Subramania Naicker."

Govindaraja Naicker had been enjoying the suit property till his death i.e., till 29.03.1994. He died as a bachelor and therefore, the property should have devolved on the said Guruswami Naicker and Subramania Naicker. Guruswami Naicker had died on 21.12.1995 leaving be