ORDER :

1. The appellants before this Court are the legal heirs of the defendant No.1 in the suit, which was filed by the second wife and children of one Ganesha Moorthi.

2. According to the respondents-plaintiffs, the property was the ancestral property which came to their husband/father Ganesha Moorthi from one Kandasamy Pillai (father of the Ganesha Moorthi) and therefore they had a right to a share in the property. The defendants contested the claim by asserting that the property was self-acquired and they were the beneficiaries of a Will executed by the aforesaid Ganesha Moorthi.

3. It may be mentioned that the defendant Nos. 1 to 3 in the suit are the children of the aforesaid Ganesha Moorthi through his first wife, who is no more.

4. The trial Court decreed the suit holding the property to be ancestral/joint family property. Yet it chose to go into the validity of the Will. The Will was held to be invalid. Aggrieved, the defendants moved an appeal, which was allowed. The First Appellate Court, however, did not go into the question whether the property was self acquired or ancestral but decided the appeal only on the issue relating to the validity of the Will. The said decree pas