SAMPATH KUMAR Vs. AYYAKANNU
SUPREME COURT OF INDIA
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(2.)The plaintiff-appellant filed a suit for issuance of permanent prohibitory injunction alleging the plaintiff-appellant's possession over the suit property which is an agricultural land. The defendant in his written statement denied the plaint averments and pleaded that on the date of the institution of the suit he was in possession of the suit property and therefore, the suit for injunction was liable to be dismissed. The suit was instituted in the year 1988.
(3.)In the year 1999, but before the commencement of the trial, the plaintiff moved an application under O. VI, Rule 17, CPC seeking an amendment in the plaint. It is alleged in the application that in January 1989, that is, during the pendency of the suit, the defendant has forcibly dispossessed the plaintiff. On such averment the plaintiff sought for relief of declaration of title to the suit property and consequential relief of delivery of possession. The suit was proposed to be valued accordingly along with the payment of Court fee. The prayer for amendment was opposed on behalf of the defendant-respondent submitting that the plaintiff was changing the cause of action through amendment which was not permissible and also on the ground that the defendant has perfected his title also by adverse possession over the suit property rendering the suit for recovery of possession barred by time and therefore a valuable right had accrued to the defendant which was sought to be taken away by the proposed amendment.
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