1955 Present: Gratiaen, I., and Fernando, J.


R. W. PATHIRANA, Appellant, and R. E. DE S. JAYASUNDARA,
Respondent


S. C. (Inty.) 144-D. C. Kurunegala, 9,003

Pleadings-Amendment of plaint---Lessor and lessee-Action against overholding lessee-Plea of prescriptive title raised by def end ant-Right of plaintiff to amend plaint soar to alter action into one of rei vindicatio-Distinction between tenancy action and vindicatory action.

A lessor of property who institutes action on the basis of a cause of action arising from a breach by the defendant of his contractual obligation as lessee is not entitled to amend his plaint subsequently so as to alter the nature of the proceeding to an action rei vindicatio if such a course would prevent or prejudice the setting up by the defendant of a plea of prescriptive title.

Plaintiff sued the defendant on the basis that the defendant, wan an overholding lessee by attornment. Defendant admitted the bare execution of the lease, but stated that the lessors were unable to give him possession of the land in question. lie averred that the land was sold to him by its lawful owner (not one of the lessors) a