Judgment

M. Jagannadha Rao, J.-The Appellant (Tirumala Tirupati Devasthanams, hereinafter called the TTD) is the defendant in the suit O.S. No. 51 of 1968 filed by the respondent-plaintiff in the Court of the District Munsif at Tirupati. The suit was filed by the respondent for grant of permanent injunction against the TTD in respect of Ac 2.29 of land in Tirumala Hills.

2. The trial Court dismissed the suit holding that the plaintiff had proved neither title nor possession and that the plaintiff who had trespassed into the property in October, 1967, was not entitled to permanent injunction against the true owner, of the property, namely, the TTD.

3. The plaintiff filed an appeal and during the pendency of the ap­peal, the plaintiff had temporary injunction in CMP 319 of 1969 in his favour only upto 28.8.1969 and was dispossessed on 30.8.1969 by the TTD. The plaintiff then filed an application CMP No. 289 of 1970 on 25.7.70 under Order 6 Rule 17 CPC (beyond 6 months from the date of dispossession) for amendment of plaint and converted the suit into one for possession. The appellate Court too held that the plaintiff had proved neither title nor possession to the suit property. The ap