1928 Present: Garvin and Dalton J. J.

VANGADASALEM v. CHETTIAR.

28-D. C. (Inty.) Chilaw, 7,176.

Writ of possession-Declaration of title to land-No prayer for ejectment- Civil Procedure Code, s. 217.

Where a person obtained a declaration of title to land without an order for ejectment,-

Held, that he was not entitled to a writ of delivery of possession.

APPEAL from an order of the District Judge of Chilaw.

Croos Da Brera, for 5th defendant, appellant.

May 8, 1928. GARVIN J.-

The point for decision upon this appeal is whether the District Judge was right in ordering a writ of possession on the application of the plaintiff, who had obtained a decree declaring his title to certain

allotments of land. The plaintiff, hi whose absence and without whose knowledge a final decree for partition affecting the land of Which he claimed to be the owner was entered, brought this action praying-

(1) That the decree in the partition action and certain deeds executed thereafter and on the footing of that decree be set aside.

(2) That the defendants be condemned to pay him a sum of Rs. 1.000 as damages.

(3) For costs.

(4) Alternatively, if the' de