In Brief
The appellant sued for perpetual injunction over immovable property, claiming title through succession after his father's death and a family settlement with his brothers. The respondents admitted the father's ownership but claimed they had perfected title through adverse possession. The appellant later amended the plaint to include a prayer for declaration of ownership. The High Court dismissed the suit, holding the amendment barred by limitation. The Supreme Court held that since the respondents admitted the appellant's title, no cloud existed on it, and a suit for injunction simpliciter was maintainable without a declaration. The amendment was indeed barred by limitation. The Court remanded the case for the High Court to decide the remaining substantive issues on merit regarding possession and adverse possession.
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