Due attestation of a document requires two attesting witnesses, each of whom must have seen the executant sign or affix their thumb mark to the instrument and must have signed the instrument in the presence of the executant.

C. B. BHARGAVA, J.

( 1 ) THIS is a second appeal by the defendant against the judgment and decree of the learned District Judge, Jaipur City.

( 2 ) MST. Bhuridevi plaintiff filed a suit for ejectment of the defendant from immovable property described in paragraph 1 of the plaint. She claimed title to the property on the basis of a registered gift-deed executed by her father on 11th july, 1955 in her favour.

( 3 ) THE suit was dismissed by the trial court on the ground that the gift-deed was not proved to have been validly executed. The District Judge in appeal reversed that finding and held that the registration and execution of the gift-deed was proved.

( 4 ) THE plea which needs to be referred is that which is contained in paragraph 2 of the written statement viz;

"para 2 of the plaint is denied, and the plaintiff is put to the proof of the facts stated therein. Plaintiff must prove that a legal and valid gift has been made to her. "

( 5 ) THE learned Judge, in my view, was wrong in holding that there was no specific denial of the execution of the document within the meaning of the proviso to section 68 of the Indian Evidence Act. The defendant not only denied the execution of the document, but required the plaintiff to prove its due execution which includes attestation as well. In Surendra Bahadur Singh v. Behari Singh, AIR 1939 PC 117 the plea raised was:

"the contesting defendant does not admit the execution and completion of the document sued on, nor is receipt of the consideration of the same admitted. "

This plea was regarded by their Lordships of the Privy Council as specific denial of the execution of the document. In the trial court the question of due attestation of the deed was seriously challenged. In these circumstances it cannot be said that the defendant did not specifically deny the execution of the document.

( 6 ) IT is contended on behalf of the appellant that the learned District Judge has misread the evidence of Narsinghdeo (P. W. 2) and has therefore, wrongly held that the gift-deed was duly attested. The gift-deed is signed and attested in the following manner: "signature of Nand Kishore Purohit. (after reading and understanding the gift-deed dated 11-7-55. Sd/- Bhuridevi Pareek alias Satyavati dated 11-7-55. Attested by Narain son of Nawalram Brahman Khandelwal Rasta Govind Rajiyan dated 11-7-55. Attestation.-- Swami Narsinghdeo Saraswati son of Pt. Ram chandra Sharma Brahman Gaur present address Devrishi Ashram, Mandurg, fatehram-ka-Tiba, Jaipur, D/- 11-7-55. Under the pen of Harinarain Sharma, document writer Licence No. 5 entered at Register No. 2651 Shabad Sankhya 441". Nand Kishore donor (P. W. 4) stated that he had executed the document. Narain son of Nawalram (P. W. 1) was examined but he was not asked about his attestation on the gift-deed. Narsinghdeo (P. W. 2) stated that he had attested the gift-deed and identified his signatures on it. He stated that Nand Kishore had signed the gift-deed in his presence and he had signed the document at the instance of Nand Kishore and Bhuridevi. In cross-examination, he stated that the gift-deed (Ex. 1) was not scribed in his presence but it had already been written. All the persons i. e. , Nand Kishore, Harinarain Narain and Mst. Bhuridevi had signed the document in his presence. Harinarain scribe (P. W. 5) also stated that nand Kishore donor had signed Ex. 1 in his presence after it was read over to him. He further stated that he had also signed the document.

( 7 ) THE only question for determination is whether on this evidence due attestation of the document has been rightly found by the learned District Judge. What is meant by the word attested is stated in Section 3. T. P. Act. The definition was inserted in the interpretation clause by Act No. XXVII of 1926 and made retrospective by Act No. X of 1927. In order to constitute valid attestation the essential conditions are; 1. there must be two attesting witnesses; 2. each must have seen the