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Suit for Declaration Clarification
2 weeks ago
We have Title Suit with below prayers -
1) Suit for Declaration
2) Mandatory Injunction
3) Recovery of Khas Possession & Permanent Injunction
Defandant didn't appear in court ever and the case went into ex-parte mode. Our lawyer has submitted an application for Mandatory Injunction and another application for Survey pass commisioner to measure the enchoarched land. But our lawyer didn't put any application of Title Declaation yet. We don't have BLLRO LRROR and municipality registered boundary plan currently.
a) Can we submit the Title Declaration application on basis of our original Registered Deed with site plan?
b) Isn't it good to submit the Title Declaration application first and then go for land measurement?
A.Dear Client,
Chapter VI of the Specific Relief Act, 1963, outlines Declaratory Decrees under Section 34, permitting individuals to assert their legal rights or property entitlements against those who deny or have an interest in denying such claims. The court may grant a declaration affirming the plaintiff's entitlement without requiring additional relief. To pursue declaratory relief, the plaintiff must demonstrate their legal character or property right, show denial by the defendant, and seek all necessary reliefs in the suit. Judicial discretion, guided by established principles and the merits of the case, governs the court's decisions. In a suit invoking Section 34, an injunction may also be sought under Order 39 Rule 1 & 2 of the Civil Procedure Code (CPC), supported by Section 151 of the CPC, allowing the court to use its inherent power to deliver justice.
Chapter VI of the Specific Relief Act, 1963, outlines Declaratory Decrees under Section 34, permitting individuals to assert their legal rights or property entitlements against those who deny or have an interest in denying such claims. The court may grant a declaration affirming the plaintiff's entitlement without requiring additional relief. To pursue declaratory relief, the plaintiff must demonstrate their legal character or property right, show denial by the defendant, and seek all necessary reliefs in the suit. Judicial discretion, guided by established principles and the merits of the case, governs the court's decisions. In a suit invoking Section 34, an injunction may also be sought under Order 39 Rule 1 & 2 of the Civil Procedure Code (CPC), supported by Section 151 of the CPC, allowing the court to use its inherent power to deliver justice.
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A.Dear Client,
Chapter VI of the Specific Relief Act 1963 provides for Declaratory Decrees under Section 34 of the Act. Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested in denying, his title to such character or right, and the Court may at its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief. The declaratory relief under Section 34 of the Specific Relief Act, 1963 is in the nature of equitable relief for granting of an already existing right that the other party has denied. Thus a person claiming declaratory relief must show that he is entitled 1. to a legal character, or 2. to a right as to property, and that 3. The defendant has denied or is interested in denying his title to such character or right and 4. He has sought all reliefs in the suit. The plaintiff has to prove that the defendant has denied or is interested in denying the character or title of the plaintiff and to prove the character or title of the suit property, the plaintiff has to submit the Title Declaration application based on the original Registered Deed seeking a declaratory decree and other reliefs. Under
Section 34 of the Act, the discretion which the Court has to exercise is a judicial discretion and that discretion is exercised on well-settled principles. and merit in the claims of the parties. So, in a suit for a declaration under Sec.34 of the Specific Relief Act, 1963 is filed before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC praying the Court to exercise its inherent power to do justice.
Chapter VI of the Specific Relief Act 1963 provides for Declaratory Decrees under Section 34 of the Act. Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested in denying, his title to such character or right, and the Court may at its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief. The declaratory relief under Section 34 of the Specific Relief Act, 1963 is in the nature of equitable relief for granting of an already existing right that the other party has denied. Thus a person claiming declaratory relief must show that he is entitled 1. to a legal character, or 2. to a right as to property, and that 3. The defendant has denied or is interested in denying his title to such character or right and 4. He has sought all reliefs in the suit. The plaintiff has to prove that the defendant has denied or is interested in denying the character or title of the plaintiff and to prove the character or title of the suit property, the plaintiff has to submit the Title Declaration application based on the original Registered Deed seeking a declaratory decree and other reliefs. Under
Section 34 of the Act, the discretion which the Court has to exercise is a judicial discretion and that discretion is exercised on well-settled principles. and merit in the claims of the parties. So, in a suit for a declaration under Sec.34 of the Specific Relief Act, 1963 is filed before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC praying the Court to exercise its inherent power to do justice.
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