The first appeal arises out of the judgment and decree dated 22.02.2013 made in 0.S.No.269 of 2004 on the file of the Vth Additional District and Sessions Court, Coimbatore.

2. The averments made in the plaint are as follows:

(a) 0riginally the suit properties are the self-acquired properties of late Veeraboyan who had two wives Nagammal and Nanjammal. Veeraboyan had only one daughter named Valliammal through his first wife and three sons viz., S.V.Subramaniam, S.V.Kumaresan and S.V.Viswananthan through his second wife. The plaintiffs are the children of the deceased S.V.Kumaresan through his second wife Chandra. The first defendant is the first wife and the defendants 2 to 5 are her children through the deceased S.V.Kumaresan. Veeraboyan executed a settlement deed dated 23.01.1950 and Will dated 06.04.1950 in respect of the suit properties and other properties. As per the settlement deed, 'A' schedule properties were given to S.V.Subramaniam, 'B' schedule properties were given to S.V.Kumaresan, 'C' schedule properties were given to S.V.Viswananthan and 'D' schedule properties were jointly given to both his wives and his daughter born through his first wife.

(b) All the settl