A will is invalid if it is not properly attested as required under Section 63 (c) of the Indian Succession Act.

( 1 ) THIS appeal is by defendants 1 and 4 to 7 against the judgment in O. S. No. 32 of 1967 on the file of the Court of the II Additional District Judge, Rajamundry.

( 2 ) THE suit was laid for partition of plaint A and B schedule properties described as the estate of late Chirravuri Pedda Venkanna, a resident of village Sitanagaram, Taluk Rajamundry. The plaintiff claimed two-thirds of A and B Schedule properties amongst themselves in six equal shares, one each for them, and for future profits. After the death of Ch. Pedda Venkanna, the plaintiffs alleged, the estate devolved on and because vested, under the Hindu Succession Act, in his paternal uncles son Chinna Venkanna, who also died on 7-3-1965. Plaintiffs 1 and 2 are Chinna Venkannas sons, 3 to 5 are his daughters and the 6th plaintiff is his widow.

( 3 ) THERE are about 40 defendants impleaded in the a suit and among them are also impleaded tenants in occupation of some of the scheduled properties.

( 4 ) IN view of the short point that falls for decision in this appeal, the details of these properties and as to how against each of the defendants, the claim is made against the specified properties need not be death with in detail. It is sufficient to mention that except items 1, 8, 9 and 10 of the plaint A Schedule, the contesting defendants as forming part of the estate of late Pedda Venkanna. In the course of the trial, it was conceded by the defendants that items 8 and 9 were also the properties of late Pedda Venkanna. Items 1 and 10 of A Schedule were held by the trial Court as not the property of the deceased Pedda Venkanna. There is no appeal filed by the parties against the finding. Therefore, nothing further need be stated about the properties of those two schedules. In this appeal, the plaintiffs alone figure as respondents.

( 5 ) THE plaintiffs alleged that Ch. Pedda Venkanna died intestate but defendants 1 and 4 to 7 contended that he executed a will on 4-12-1961, which, in the suit, stands marked as Ex. B-2. The validity of Ex. B-2 as a will was vehemently contested by the plaintiffs. The only issue which is debated before us and the only question to be decided is whether Ex. B-2 is valid as a will and, to be precise, whether or not it is properly attested. The lst defendant is the mistress of late Pedda Venkanna. She in her written statement, and defendant 4, 5, l6 and 7 by separate written statements, resisted the suit for partition as mentioned earlier on the ground that Pedda Venkanna executed the will. Ex. B-2 on 4/12/1961, and defendants, 1, 4, 5, 6, 8, 9, 10, 12 and 13 to 19 are the legatees under that will.

( 6 ) IN the lower court, the validity and also the factum of subscription of Venkanna to the deed, Ex. B-2 were contested by the parties. In view of the finding given by the lower court, and due to preponderance of evidences disclosing that it was late Pedda Venkanna who executed the deed Ex. B-2 on 4/12/1961 in a sound state of mind, the counsel for the appellants mainly addressed arguments covering the evidence touching attestation and the legality of Ex. B-2.

( 7 ) THE trial court framed the following four points for determination :" (1) Whether the will Ex. B-2 is in the hand of the testator late Chirravuri Pedda Venkanna and bears his signature? (2) Whether the same was executed by the testator in a sound and disposing state of mind? (3) Whether the dispositions made in the said will are unnatural and were not result of the testators free will and mind? And (4) Whether the said will was duly attested?"and found that Ex. B-2 was written and signed by the testator Chirravuri Pedda Venkanna. In regard to the second point, it held that the testator executed this will in a sound disposing state of mind, and observed the recitals of the will do not appear to be incoherent in the product of an unsound mind. In regard to point No. 3, the Court opined that it is highly impossible that the lst defendant wielded any influence over the late