Section 42 in The Specific Relief Act, 1977 (1920 A.D.)
42. Discretion of Court as to declaration of status or right.
- 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 to deny, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief.Bar to such declaration. - Provided that no Court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.Explanation. - A trustee of property is a "person interested to deny" a title adverse to the title of someone who is not in existence, and for whom, if in existence, he would be a trustee.(a)A is lawfully in possession of certain land. The inhabitants of a neighbouring village claim a right of way across the land. A may sue for a declaration that they are not entitled to the right so claimed.(b)A bequeaths his property to B, C and D, "to be equally divided amongst all and each of them, if living at the time of my death, then amongst their surviving children". No such children are in existence. In a suit against A's executor, the Court may declare whether B, C and D took the property absolutely, or only for their lives, and it may also declare the interest of the children before their rights are vested.(c)A covenants that, if he should at any time be entitled to property exceeding on lakh of rupees, he will settle it upon certain trusts. Before any such property accrues, or any person entitled under the trusts are ascertained, he institutes suit to obtain a declaration that the convenant is void for uncertainty. The Court may make the declaration.(d)A alienates to B property in which A has merely a life interest. The alienation is invalid as against C, who is entitled as reversioner. The Court may in a suit by C against A and B declare that C is so entitled.(e)The widow of a sonless Hindu alienates part of which the property she is in possession as such. The person presumptively entitled to possess the property if he survive he may, in a suit against the alienee, obtain a declaration that alienation was made without legal necessity and was therefore void beyond the widow's lifetime.(f)A Hindu widow in possession of property adopts a son to her deceased husband. The person presumptively entitled to possession of the property on her death without a son may, in a suit against the adopted son, obtain a declaration that the adoption was invalid.(g)A is in possession of certain property. B, alleging that he is the owner of the property, requires A to deliver it to him. A may obtain a declaration of his right to hold the property.(h)A bequeaths property to B for his life, with remainder to B's wife and her children if any, by B, but if B dies without any wife or children, to C. B has putative wife, D, and children, but C denies that B and D were ever lawfully married. D and her children may, in B's life time institute a suit against C and obtain therein a declaration that they are truly the wife and children of B.
