Chennamallayya Ningayya Shivayogimath v. Sangappa Basappa Lakshatti and Ors.
Case brief
What is this about?
Plaintiffs sued for declaration, possession and injunction over suit land; defendants claimed adverse possession from 1972. The trial court rejected the plaintiffs' application to amend the plaint into a title suit and the appellate court confirmed. In second appeal the High Court held the suit maintainable, found the plaintiffs were absolute owners, held the defendants failed to prove ouster or h
What did the court decide?
Appeal allowed; orders of both lower courts set aside; plaintiffs permitted to amend the plaint to include relief of declaration and possession.