Fate of title without possession- decree- ep

Querist : Anonymous (Querist) 04 December 2011 This query is : Resolved
Dear Experts,

a)Plaintiff filled a suit for declaration of title and Permanent injection, for 2 items against defendant 1.

b)Defendant1 says he was in possession in only 1 item and one "X" is in possession of item 2. So Plaintiff implead "X" as defendant2.

c) Defendant 2 accepted he is in possession of item 2.

c)Plaintiffs moved "I.A" for interim injection and it was dismissed. So plaintiff prayer for delivery of possession in alternate.

Suit decreed. Court finds plaintiff is NOT in possession of any item. NO appeal.

1)What relief should plaintiff take Permanent injection or delivery of possession now?

2)If delivery of possession How to get possession of item 2 from defendant2? (Since Prayer is against defendant1 alone)

3) Whether the title given to plaintiff is valid if he cannot take possession of item2 from defendant2?

Thanks in advance

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ajay sethi (Expert) 04 December 2011
plaintiff ought to have taken out chamber summons for amendment of plaint if he wanted posession to be given by 2nd defendant . if no reliefs are prayed for , none can be granted .

you have stated suit was decreed . what was the order passed by court .

Devajyoti Barman (Expert) 04 December 2011
1. Appeal should have been preferred. Have you amended the prayer fo delivery of possession?
Though you may now file a suit for eviction , that may become barred under order 2 rule 2.
2.Yes the title has been declared in his favour.

jeevan1950 (Expert) 04 December 2011
I did not get the case to be frank. what is the Item? movable or immovable? Is the Plaintiff Lawful Owner of property or he has acquired the title in some other way? If he is Owner then i dont think there is problem in getting possession of both the items.

M/s. Y-not legal services (Expert) 04 December 2011
given facts are confusing., not able to understand

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