Vinay Krishna vs Keshav Chandra And Another on 6 March, 1992
9. That apart, it is well settled that if a plaintiff has been in
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possession of the suit property then a suit for mere declaration would be
maintainable. The corollary whereof is that if the plaintiff is not in
possession as is the conceded position in the facts of the present case, a suit
for mere declaration would not be maintainable. A reference in this regard
may be made to the decision of the Apex Court in Vinay Krishna Vs.
Keshav Chandra, AIR 1993 SC 957. Even on this count, the suit of the
plaintiff/appellants must fail.