Document Fragment View

Matching Fragments

2) Hari Ram -vs- Jyoti Prasad and Anr. - (AIR 2011 SC
952);
3) Madho Singh and others -vs- Moni Singh (D) by L.Rs and others (AIR 2004 SCC 4316).
4) Lingam Ramaseshayya v. Myneni Ramayya and Ors ( AIR 1957 AP 964).

Issues

6. The arguments of the learned counsel for the parties have been duly noted. The issues that arise for consideration are as follows:

6.1. Whether the plaintiffs can maintain a claim for negative declaration, asserting that the title and ownership of the suit schedule property rests with the government, in the absence of a categorical pleading in the plaint demonstrating any vested or particular interest of the plaintiffs in the said property?

In other words, whether the cause of action, as set out in the plaint, adequately satisfies the requisites of Section 34 of the Specific Relief Act, 1963, to sustain the plaintiffs' suit for a negative declaration of ownership in favor of the government?

-8-

NC: 2025:KHC:11977 6.2. Whether the title and ownership of the suit schedule property, granted in favor of Defendant No. 1 in 1973, can be challenged in a suit for declaration instituted on 28.09.2022, after a lapse of forty years? In other words, whether the present suit is barred by the law of limitation?

7.2. As such, in view of the proposed order, the instant petition is allowed, as the plaint averments do not sufficiently disclose a cause of action to prosecute a suit for a negative declaration of title and ownership of the suit property.

8. A summary of facts based on the plaint averments is reduced as hereunder:

8.1. A perusal of the plaint reveals that the suit property was originally granted to one Sri Dodda Siddappa by way of a government grant way back in the year 1976, (more particularly, grant certificate bearing LND/SR/232/73-74, dated 15.03.1976, as gathered from the impugned order passed by the Trial Court below). In 1996, Dodda Siddappa passed away, leaving behind his wife, Smt. Muniyamma (Defendant No.1). Following his demise, the khata entries were mutated to the name of Defendant No.1 based on Pavathivarasu (succession), (more particularly, on