Mabeeba Begum And Ors. vs Gulam Rasool And Ors. on 28 July, 1999
In Mabeeba Begum v. Gulam Rasool (supra), the plaintiff who was a consenting party to various documents whereby the suit property was divided between the plaintiff and his brothers and sisters, filed a suit for declaring that he is the exclusive owner of the property without praying for cancellation of those deeds to which he is a parly. It was found from the conduct of the plaintiff himself that the said documents were fully acted upon and that he had also reliquished his rights in favour of the other members of the family. Under those circumstances, it was held that without seeking cancellation of the said documents the plaintiff could not maintain the suit for injunction simpliciter without declaration of title.