There can be no remand without arriving at such a finding that judgment and decree of the Trial Court are wrong on facts or on law.

The defendant is the appellant herein and the plaintiffs are the respondents. The Appeal is filed against the judgment and decree dated 310. 2005 in A.S.No.23 of 2001 on the file of the District Court, Tiruvannamalai, remanding the matter to the trial Court in O.S.No.2 of 1998 on the file of the Additional Subordinate Court, Tiruvannamalai.

2. Plaintiffs case is briefly as follows: The suit property was originally belonged to A.R.Anantha Ramanarayanan. Venakatachala Reddiyar purchased the suit property with his funds in the name of his wife, Andal ammal. Andalammal had no separate income to purchase the suit property. Venkatachala Reddiar had four daughters, viz., Lalitha, Shantha, Sugantha and defendant, Sujatha. Venkatachala Reddiyar along with his wife Andalammal had executed a registered Will on 16.07.1986 and the said Will was the last Will of Venkatachala Reddiar. Under the said Will, Sugantha was given life interest in the suit property. After her life time, the plaintiffs are in possession and enjoyment of the suit property. Venkatachala Reddiar died on 05.01.1993 and Andalammal died on 111. 1996. The defendant has claimed that Andalammal said to have been executed a Will in her favour, is unsustainable and therefore, the plaintiffs have sent a legal notice to the defendant on 04.09.1997. The defendant has sent a reply to the legal notice on 24.01.1997. Andalammal had no absolute right over the suit property and she had no right to cancel the Will executed by herself and Venkatachala Reddiar. The claim of the defendant is illegal. Hence, the plaintiffs filed the suit for declaration, recovery of possession, for mesne profits and for accounting of the income from the date of suit till possession is given and for costs.

3. The defendant has filed a written statement contending that Lakshmana Ammal, mother of Andalammal, possessed 30 acres of land in Vazhaiyur Village. Lakshmana Ammal had two daughters, viz., Andalammal and Venkatachala Lakshmi. Out of 30 acres of land, Andal Ammal had got 15 acres of land in Vazhaiyur village. On 21.06.1974, Andal Ammal purchased the suit property measuring 7150 Sq.ft in T.S.No.2291/4 through the income derived from the above said 15 acres of land and the jewels presented to her at the time of her marriage from one A.R.Ananda Narayanan. Andal Ammal was the absolute owner of the property till her life time. Andal Ammal alone is entitled to the said property. Venkatachala Reddiyar had no right over the suit property and he was not in possession of the suit property at any time. Even Venkatachala Reddiar had no right to execute any Will in respect of this property. It is not correct to say that the Will dated 16.07.1986 executed jointly by Andalammal and Venkatachala Reddiar is the last Will of Andalammal. After the death of Venkatachala Reddiyar on 05.01.1993, Andalammal along with this defendant was living in the suit property inclusive of other properties. The defendant was looking after Andalammal till her life time. Andalammal executed a will in respect of the suit property in favour of this defendant on 30.06.1992 and it is her last Will. The defendant has sent a reply to the legal notice sent by the plaintiffs. After the death of Andalammal, the defendant was in possession and enjoyment of the suit property without interruption continuously till now by paying kist in her name. The suit is not maintainable and therefore, the same is liable to be dismissed with costs.

4. The trial Court framed the following issues for consideration:

i. Whether the will dated 16.07.1986 is valid?

ii. Whether the will dated 30.06.1992 is valid?

iii. Whether the plaintiffs are entitled to the relief of declaration?

.iv. Whether the plaintiffs are entitled to recovery of possession of the suit property from the defendant?

.v. Whether the defendant can be directed to submit the income from the suit property?

vi. To what relief, the plaintiffs are entitled?

5. Before the trial Court, the fir