JUDGMENT :

H.P.Sandesh, J.

1. This second appeal is filed against the concurrent finding of the Trial Court as well as the First Appellate Court granting the relief of possession of suit ‘A’ schedule property bearing Sy.No.124/2A of 10 cents in Puttur village, Udupi taluk as described in the schedule.

2. Heard the learned counsel appearing for the appellants and the learned counsel appearing for respondents.

3. The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.

4. The factual matrix of the case of the plaintiffs while seeking the relief of possession that defendant No.2 is the brother of the plaintiffs and he did not choose to join along with the plaintiffs hence, he has been arrayed as defendant No.2. It is the case of the plaintiffs that they are the owners of 10 cents of land bearing Sy.No.124/2A of Puttur village of Udupi taluk bounded as per plaint ‘A’ schedule. The suit schedule property has been inherited by the plaintiffs along with defendant No.2 and they are the owners. In the suit ‘A’ schedule property which is a non- agricultural land, having tiled building bearing D.No.4/2010 and 4-10A t