S.S. Sundar, J.

1. These two appeals have been preferred as against the judgment and decree, dated 20.11.2013 in O.S. No. 140 of 2010 on the file of the III Additional District Judge, Tirunelveli.

2. The defendants 4 and 5 in the suit in O.S. No. 140 of 2010 have preferred A.S.(MD) No. 167 of 2013. Whereas the defendants 1 to 3 have filed the first appeal in A.S.(MD) No. 53 of 2014.

3. The first respondent in both the appeals is the plaintiff in the suit and the suit is for declaration of title in respect of plaint schedule items 1 to 4 and for consequential permanent injunction restraining the defendants 1 to 5 in the suit from interfering with the peaceful possession and enjoyment of the suit properties by the plaintiff. Alternatively, the plaintiff/first respondent also prayed for partition of 1/2 share in all the suit properties, in case, the Will relied upon by the defendants 1 to 3 is proved.

4. The case of the plaintiff/first respondent as per the plaint are as follows:

4.1. The suit properties item 1 to 4 belong to the plaintiff's father one Periyasamy Pillai. Since Periyasamy Pillai and his wife one Maragathammal had no children, they adopted the plaintiff, as the pla