- (1.) This civil revision petition arises out of the order of the learned District Munsif allowing the amendment of the plaint prayed for by the plaintiff in IA No. 811 of 1954 in O. S. No. 718 of 1951. The suit itself has had a chequered career. It was dismissed in the first instance, and an appeal was taken and in the appeal, the suit was remanded, with a view to enable the plaintiff to apply for a commissioner to measure the properties of both the parties, and to find out the extent in the possession of each, and place all the data before the Court to enable it to come to a conclusion whether there was an encroachment by the plaintiff or not. After the suit was remanded the plaintiff filed the application for amendment of the plaint, and it is out of that petition that this revision has arisen.
(2.) In para 10 of the plaint, the plaintiff averred that the suit A schedule property was the absolute property of the plaintiff, that the plaintiff and his predecessor-in-interest were in possession of the property for more than 60 years, and were enjoying the same as part and parcel of the remaining buildings, and forming a continuous residential house described in the B schedule.
(3.) In para 12 of the plaint, the plaintiff averred that the defendant had no right or interest in the suit property and even if he had any, the right was lost to him for non-user for over 60 years, and that the plaintiff had perfected his title by adverse possession to the knowledge of the defendant in any view of the case.;