plaintiffs' property and therefore, the suit was filed for declaration and injunction.
6. The respondent/defendant contested the suit, stating that the properties were ... properties, they are entitled to file the suit for declaration and injunction and decreed the suit.
8. The Lower Appellate Court, after elaborately discussing
filed by a mortgagor ana puisne mort-gagee for a declaration and injunction to restrain the mortgagees exercising their powers of sale under Section ... plaintiffs have put up their own valuation for declaration and injunction, declaration being valued at Rs. 100, and injunction at Rs. 5 and paid
others v. Perumal Gounder , it was held that an order of declaration and injunction cannot be granted as against the true owner. It is appropriate ... appellants/plaintiffs are not entitled to maintain the suit for declaration and injunction against the respondent/defendant, who is the true owner.
38. In this
valid and therefore, Muniappa was not entitled to the relief of declaration and injunction prayed for by him; but that the first respondent herein ... Courts below, the appellant would be entitled to the reliefs of declaration and injunction with reference to the properties involved
application for amendment. It
is also held that the relief of declaration and injunction are larger reliefs
and smaller relief for partition could be granted ... Whether the plaintiffs are entitled to the relief of
declaration and injunction as prayed for ?
11. It is significant to note here that the plaintiffs
suit lands. Even if the plaintiffs are entitled to a declaration, a declaration and injunction against the Government are unnecessary. The Government would respect ... These observations imply that though a relief by way of declaration and injunction was not granted by the Court, the Subordinate Judge expected the Government
possession has to seek declaration of title and recovery of
possession, not for declaration of title and injunction. He relied upon
the judgment of this ... found to be out of
possession cannot file a suit for declaration and injunction without
asking for recovery of possession. Both the judgments relied upon
against the second respondent/second defendant and his father Ramakrishnan for declaration and injunction in respect of very same property was dismissed on 25.02.1992 holding ... second respondent filed O.S.No.277 of 2000 for declaration and injunction against the first respondent, his father and the brother of the first
suit for declaration and injunction was dismissed and specific performance was granted. Both the suits were tried together and common judgment was rendered and aggrieved ... property and therefore, they are entitled to the relief of declaration and injunction.
8. The first respondent filed statement denying the factum of cultivation
grant of injunction. None of the provisions directs rejection of the prayer for injunction in the absence of a prayer for declaration. A suit ... bare injunction, dismissed the suit for bare injunction and at the same, granted permission to the parties to file a fresh suit for declaration
