1. This appeal has been heard on the following substantial question of law :

"Whether on the basis of the evidence adduced by attesting witness Ram Prasad (DW 3), can it be said that the propounded of the Will has not proved the due execution of the Will (Ex. D/5), as required under section 63 (c) of the Indian Succession Act, 1925 and section 68 of the Indian Evidence Act?"

2. Briefly stated relevant facts are that the disputed land belonged to Bhairosingh, who had three sons namely, Majboot Singh – plaintiff No.1, Hukum Singh -- plaintiff No. 2 and Than Singh -- defendant No.1. Civil suit No. 26A/67 was instituted by Bhairosingh for declaration of title, which ultimately stood decreed from this Court in SA No. 34/82 vide judgment, dt. 12.2.1982 (Ex. P/1). During pendency of this appeal, Bhairosingh died and the name of Than Singh (present defendant/appellant) was brought on record on the strength of an alleged Will dt. 15.10.1979. It is alleged in the plaint that plaintiffs and defendant No.1 being real brothers, inherited the suit land with 1/3rd share each. Declaration to the said effect was sought with mesne profits at the rate of Rs. 1,000/- p.a.

3. Defendant/appellant s