ChD 4 June 1991. In 1985 the lease of a basement flat was assigned by the landlord (W) to the tenant (D). In 1986 both parties entered into a deed of variation whereby W consented to D carrying out building works to extend the flat into an adjoining courtyard on payment of £5,000. D effectively resigned his original interest and was granted a new lease comprising both flat and courtyard. In 1987 the land registry refused to register the deed as a third party was shown as proprietor of the courtyard although W claimed right to title on the grounds of adverse possession. In July 1989 D claimed damages against W for making false representations of title to the courtyard. W brought proceedings against D claiming possession of the whole of the demised premises on the grounds that the statement of claim in D`s action had denied W`s title to the premises. D`s summons to strike out W`s statement of claim was dismissed. D`s appeal was allowed on the grounds that since D`s pleading positively