JUDGEMENT:- The plaintiffs are the appellants. They have filed the suit for a declaration of their title on the basis of a Will dated 25-1-1966 executed by their father. The first defendant who is a sister of the plaintiffs claimed the property in its entirety under a document styled as a settlement deed dated 25-5-1955. The main question for consideration before the courts below was whether the will Ex. A. 1. has been proved to have been duly attested. Though the trial Court held that the Will has been proved to be valid and enforceable, the lower appellate Court held that the evidence of P.Ws. 1 and 3 who are the attestors of the document is not enough to prove the execution and attestation of the Will. In that view, the suit was dismissed.

2. P.W. 1 one of the attestors to the document in the chief-examination stated that the testator was in a sound disposing state of mind when he executed the document. He did not speak to his attestation of the Will or by P.W. 3 or the executant signing the document in his presence specifically in the chief-examination. In cross-examination, while he was answering the questions as to what happened in the Sub-Registrar's office, he had s