The unsuccessful defendants 1 and 2 in O.S.No.1024 of 2004 on the file of the First Additional District Munsif, Coimbatore, are the appellants in the above second appeal. For the sake of convenience, the parties are referred to as per their ranking in the suit.

2. The brief facts that are necessary for the disposal of the above second appeal are set-out below:-

The plaintiffs filed a suit for declaration and possession to declare that they are the absolute owners of the suit properties and for directing defendants 1 to 4 to deliver vacant possession of the suit property to the plaintiffs and for a further direction directing respondents 1 to 4 to pay future mesne profits. According to the plaintiffs, the first defendant is their brother; their father-Rangasamy Naidu took a vacant land on lease from S.P.Narasimmalu Naidu Trust, the fifth defendant, for ground rent and put up a super-structure thereon with his own funds; Rangasamy Naidu on his free will and violation, executed a Registered Will on 19.08.1988 bequeathing the suit property in favour of his wife-Ponnammal absolutely; Ponnammal is the mother of the plaintiffs and the first defendant; in 1990, Rangaswamy Naidu d