1. This appeal is filed by the appellant (original defendant) against the Judgment and Order dated 2.1.2013 passed by the Principal District Judge, Gondia in Regular Civil Appeal No.51 0f 2012, which was allowed. The said appeal arose from the Judgment and Order dated 24.06.2008 passed by the trial Court i.e. the Court of Civil Judge (Sr.Dn.), Gondia in Special Civil Suit No. 14 0f 2002 instituted for recovery of possession of the suit premises. The said suit was dismissed.

2. The brief facts are as under:

The suit was instituted for possession on 30.4.1994. The dispute relates to the land bearing Nazul plot No.18, Sheet No. 7, admeasuring 235.09 Sq. Meters = 2733 Sq. feet having double storied building constructed on it at Katangi line Road, Laxmibai Ward at Gondia. The description of the suit property is not disputed by the defendant in the Written Statement, dated 18.11.1997. Case of the plaintiffs is that Birdibai Agrawal, grand mother of plaintiff no.1 had executed a Will dated 5.7.1991, bequeathed the suit building consisting of two stories including suit shops and rooms in favour of the plaintiffs. Birdibai died on 3.12.1992 at Gondia. The plaintiff became owners and