Sant Lal (Dead) Thr. His L.R Vinod Kumar vs Sadhu Ram (Dead) Thr. His Lrs. . on 26 October, 2015
52. Learned counsel for both parties relied upon various
judgments in their favour, in respect of 2024 5 SCC 282 in the
case of Vasantha (Dead) Thr. L.R. vs Rajalakshmi @ Rajam
(Dead) Thr. Lrs. wherein the Hon'ble Supreme Court has held
seeking declaration relief without seeking recovery of possession
the suit is not maintainable. The principle laid down by the
Hon'ble Supreme Court will not applicable to the case on hand as
the plaintiff is able to show he is in possession and enjoyment of
schedule property as on the date of filing the suit.