JUDGMENT :

(N. Mala, J.)

(Prayer: Appeal Suit is filed under Section 96 of the Code of Civil Procedure, against the Judgment and Decree dated 19.10.2012 made in O.S.No.159 of 2009 on the file of the V Additional District & Sessions Judge, (FTC – 3), Coimbatore.)

1. The plaintiffs in the suit are the appellants in the appeal. The appeal is filed against the Judgment and Decree of the trial Court in O.S.No.159 of 2009 dated 19.10.2012.

2. For the sake of convenience the parties herein will be referred to as per their rank in the trial court.

3. The brief facts necessary for the purpose of the appeal are as follows:

The first plaintiff and the plaintiffs 2 to 5 are the second wife and the children of the deceased Kaja Moideen. The first defendant is the first wife of the deceased Kaja Moideen and the defendants 2 to 4 are the children of the deceased Kaja Moideen through the first defendant. The deceased Kaja Moideen was the absolute owner of the suit property, having purchased the same under the Sale Deed dated 31.03.1975 vide document No.889/1975 before the Sub Registrar of Gandhipuram, Coimbatore.

4. According to the plaintiffs', the late Kaja Moideen was a businessman and earned goo