Abubaker vs Perera – clr volume 2 page 170

In Abubaker v. Perera, the court addressed the issue of whether the documents annexed to the plaint complied with section 51 of the Civil Procedure Code and were admissible to establish title in an action for ejectment. The court held that the sufficiency of documentary evidence and the clear demonstration of actual possession are both pivotal in determining entitlement to land in ejectment proceedings. The principle reaffirmed is that actual possession evidenced by reliable testimony may be decisive even where legal title is imperfectly pleaded, particularly where the opposing party fails to prove superior title or lawful occupation. Reliance was placed on statutory pleading requirements and common law principles concerning possession and legal title, emphasizing that the adequacy of evid