On certain occasions we have discussed S. 34 of Specific Relief Act, which says the suit of declaration is barred in case the consequential relief of possession is not claimed.
Last evening I came across a recent judgment of Punjab & Haryana High Court in RSA No. 2209 of 1981 titled as Subhash Chander v/s Mohinder Singh, as per this judgment if neither the plaintiff nor the defendant are in possession then there is no need to seek relief of possession i.e. the suit is maintainable without seeking the possession.
Now the question here is if the relief of possession is not to be pressed in such a case then why the person who is in possession of disputed property should not be made party to the case, such a suit is liable to be dismissed for non joinder of necessary parties.
Let me know your opinion....if possible find out some judgments on this issue.
