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Issues: Whether the will propounded by the first respondent was duly proved in accordance with the requirements of attestation and proof so as to establish title to the suit properties.
Analysis: The question turned on the combined operation of the requirement of attestation under Section 63(c) of the Indian Succession Act and the mode of proof under Section 68 of the Evidence Act. A will must be attested by two or more witnesses, and proof of execution requires not merely proof of the testator's signature but also proof that the attesting witnesses signed in the manner contemplated by law. The evidence of one attesting witness showed that both attestors were present when the testatrix executed the will and that they signed in her presence. That evidence was not shaken in cross-examination and satisfied the statutory requirements.
Conclusion: The will was duly proved and the respondent's title based on it was established; the appellant's challenge failed.
Ratio Decidendi: Proof of a will requires compliance with both the attestation requirements and the statutory mode of proof, and the testimony of one attesting witness is sufficient if it establishes due execution and attestation by the other witness in the manner required by law.