1. This appeal under Section 100 of the Code of Civil Procedure, 1908 has been filed by the original defendant who is aggrieved by the declaration granted by the trial Court in favour of the respondents – plaintiffs that they were the owners of the suit land and were thus entitled for its possession.

2. The facts relevant for deciding the appeal are that one Chintaman Barai was the owner of the field Survey Nos.92 and 94/2. He had no issues. He however had a sister Tanabai. On 13-9-1968 said Chintaman executed a will bequeathing the aforesaid land in favour of the original defendant Pandharinath. According to the plaintiffs this will was subsequently cancelled by executing a deed of cancellation on 24-12-1970. This deed was also registered. Said Chintaman expired in the year 1975 and was survived by his sister. His sister Tanabai sold the aforesaid lands in favour of the plaintiffs who were brothers on 26-8-1987. The plaintiffs claimed to be put in possession accordingly. A dispute arose between the plaintiffs and the defendant with regard to possession. A receiver was appointed by the Sub-Divisional Magistrate and the parties were directed to get their title adjudicated i