CHARLES J.: In this action the plaintiff in a representative capacity as heir and successor of the late L. T. C. Davies and as the representative of the other children of the said L. T. C. Davies, deceased instituted an action against the defendant for:
(1) A declaration that the deed of sale executed on the 19th January, 1953 between the first defendant and the administratrix Fanny Margaret Davies, and also the subsequent lease executed between the first and second defendants are both null and void, and for a rescission of both.
(2) £G1,500 as damages suffered as a result of the defendants trespassing to the said land and, with the assistance of their servants and agents, demolishing the building thereon.
When this case came on for hearing Mr. Benjamin, counsel for the plaintiff sought leave of the court to amend the statement of claim as appears in the notice of proposed amendment filed. Mr. Williams opposed this application on the ground that he proposed to take an objection in limine…