JUDGMENT :

E.S.INDIRESH, J.

This Regular Second Appeal is preferred by defendant No.1 assailing the judgment and decree dated 05.02.2016 in RA.No.78 of 2013 on the file of the I Additional District Judge, Chikkamagaluru, dismissing tSShe appeal and confirming the judgment and decree dated 24.02.2004 in O.S.No.74 of 1995 on the file of the Civil Judge (Sr. Dn.), Tarikere, decreeing the suit of the plaintiffs.

2. For the sake of convenience, parties are referred as per their ranking before the Trial Court.

3. The plaint averments are that, plaintiff No.1 Claims to be the owner of the suit schedule property. It is further stated that, the father of plaintiff No.1- K.Thimmaiah inherited the suit schedule property from his ancestors, and in this regard, the extract of the Khata maintained by the Panchayat during the year 1939-40 shows the right, title and possession of the father of the plaintiff No.1 over the suit schedule property. After the death of father of the plaintiff No.1, in the year 1964, plaintiff No.1 and his brothers inherited the said property. It is also stated in the plaint that, on account of the family arrangement between plaintiff No.1 and his brothers, the suit schedule