1. This appeal is preferred against judgment and decree passed on 03/5/2003 in Regular Civil Appeal No.217 of 2002 by Second Additional District Judge, Nagpur thereby reversing judgment and decree passed in Regular Civil Suit No.17 of 1999 on 22/4/2002 by Civil Judge, Junior Division, Katol.

2. The appellants are the brothers, so also the respondents are brothers. Respondent No.1 is cousin of the appellants. The appellants owned agricultural field bearing Survey No.110 situated at village Wai, as particularly described in plaint paragraph-1. The financial condition of the appellants being poor and respondent No.1 being cousin of the appellants, the appellants decided to allow respondent No.1 to cultivate the field in stead of letting it lie fallow. Therefore, about 7 to 8 years prior to filing of the suit, the suit was filed in the year 1999, the appellants permitted respondent No.1 to cultivate the said field (hereinafter referred to as 'the suit field') and that was how the respondents came to be in possession of the suit field. During the year 1999, the appellants, upon enquiry, learnt that the Government had given fertilizers bags to the respondents to facilitate cultiv