V. SELVARAJ Vs. A. SUBBURAJ AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 30.10.2010, made in A.S. No.31 of 2010, on the file of the Sub Court, Virudhunagar, reversing the Judgment and Decree dated 22.06.2010, made in O.S. No.24 of 2008, on the file of the District Munsif Court, Virudhunagar.

(2.) The factual matrix relevant for deciding the second appeal is as below: -

(3.) The respondents, as defendants, filed a written statement stating that the suit properties originally belonged to one Alagarsamy Naicker and his brothers. His brothers died without issues. The said Alagarsamy Naicker has two sons and three daughters. He died without executing any document relating to the properties. After his death, Kandasamy Naicker and the first respondent enjoyed the properties without any partition. The appellant is none other than the son of first respondent's sister. Since Kandasamy Naicker died as bachelor, he has no issues. Veeralakshmi, as stated in the plaint, is not the wife of Kandasamy Naicker. Since he died having no issues, the first respondent became the absolute owner of the suit properties, who, in turn, executed a settlement deed in favour of his wife, viz., the second respondent herein. Thus, the appellant has no right over the suit properties and no partition was effected in respect of the suit schedule properties. Therefore, the suit, as filed by the appellant, is not maintainable.