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 settlees were given only a right to enjoy their respective properties during their life time without the power of alienation. As regards the 'D' schedule properties, it was stated that in case of death of the first wife, 1/3rd of the 'D' schedule properties should go to the first son and in case of death of the second wife, 1/3rd of the 'D' schedule properties should go to the second son and in case of death of his daughter, 1/3rd of the 'D' schedule properties should go to the third son.

(c) As per the recitals in the settlement deed, dated 23.01.1950 in case any of his sons did not have any issue, his share after his lifetime and the lifetime of his wife should got to the other brothers or their heirs. The first son S.V.Subramaniam died without any issues on 18.01.1993 and his widow also dies on 07.06.1993. The third son S.V.Viswanathan pre-deceased the first son and died on 30.08.1990. Therefore, the entire 'A' schedule properties and the 1/3rd share in the 'D' schedule properties left by the first son S.V.Subramaniam was inherited by the second son S.V.Kumaresan who was alone alive on the date of the death of S.V.Subramaniam.

(d) S.V.Kumaresan was in possession and enjoyment of the properties allotted to him in the settlement deed dated 23.01.1950 and also the properties allotted to S.V.Subramaniam in the said settlement deed. Therefore, the plaintiffs 2 and 4 and the 2nd defendant as male heirs are entitled to inherit the properties included in the 'B' schedule and also the 1/3rd share in the 'D' schedule as per the Will dated 23.01.1950. That apart, the plaintiffs 1 to 4 and the defendants 1 to 8 are equally entitled to the properties described in 'A' schedule and 1/3rd share in 'D' schedule as per the settlement deed, dated 23.01.1950. Even though the plaintiffs are the children of a bigamous marriage, under Section 16 of the Hindu Marriage Act, they are entitled to inherit their father's property along with the defendants 1 to 5. Further, the plaintiffs are deemed to be in joint possession of the suit properties.

(e) After the death of S.V.Kumaresan, the plaintiffs issued a notice dated 27.12.1997 to all the tenants to pay their share of the rent. However, none of the tenants paid any rent to the plaintiff. While so, the second defendant S.K.Jeyaraj, s/o. S.V.Kumaresan filed a suit in 0.S.No.1420 of 1991 against S.V.Subramaniam, S.V.Kumaresan and others for declaration that the suit properties absolutely belonged to him. However, pending suit S.V.Kumaresan, S.V.Subramaniam, his wife Lakshmi Subramaniam and Rani Viswananthan died. The plaintiffs are not aware of the said suit till they received a reply notice dated 18.01.2002 wherein it was stated that the second defendant alone is the owner of the entire properties left by S.V.Subramaniam as per the