NEELAGARA LINGAMMA Vs. KINNAHAL HAMPIAH

JUDGEMENT

(1.) It is first contended that the plaintiff had no title to recover the land at the time of the institution of the suit, and that the subsequent execution of a sale-deed in his favour would not entitle him to maintain the suit. But the plaintiff had an unregistered sale deed in 1901 and we take the finding of the Subordinate Judge to mean that, after he got that sale-deed, he was in possession of the land by leasing it out to others until dispossessed by the defendant. He had, therefore, a possessory title which was sufficient to entitle him to a decree for possession against the 1st defendant who had no title.

(2.) It is next argued that plaintiff ought not to have been allowed to amend his plaint, by adding a prayer for possession.

(3.) We do not think there are sufficient grounds to interfere with the discretion of the lower Appellate Court in allowing the amendment.