In Brief
A widow of the Kalasammanavar family sued for declaration of title and injunction over suit properties. The trial court found her the absolute owner but dismissed the suit because she lacked possession. On appeal, her legal heirs amended the plaint to also seek recovery of possession. The appellate courts allowed the suit and decreed declaration and possession. The Supreme Court held that since the original suit was for declaration of title (Article 58, 3-year limitation) but amended to include possession (Article 65, 12-year limitation), the suit was not barred by limitation. Once title was established, the burden shifted to defendants to prove adverse possession. The suit was properly amended and timeously filed.
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