record. He further contended that the suit is not one for
declaration simplicitor as they are seeking declaration
to themselves and to declare that
applies only in cases where it is a suit
for declaration simplicitor.
24. Learned counsel for petitioner submits that
reckoning of the common limitation
submitted that the very relief of plaintiff in the suit is for
declaration to declare that the plaintiff belongs to Thevar
caste. Therefore, the suit ... involved in the case, the suit filed by the
plaintiffs for declaration simplicitor that they
belong to particular community/caste
without claiming benefit of reservation
plaintiff has not
- 17 -
RSA No. 5695 of 2010
merely claimed a declaration that she is the owner of the
suit properties, but also ... nature
of residuary provision among the declaration suits applies
only to a case where declaration simplicitor is sought in
any further relief
seekingV__erelief of declaration of their status but also
further declaration that plaintiffs alone are
.,,entitled to receive insurance amount of policies in
$32
question ... service benefits of deceased_..___Smt.
Annapurna. Hence, the prayer of petitioner
declaration simplicitor cannot be accepted. V'
19. At this juncture thehlgearned
submits that
framed following points for its
consideration:-
(1) Whether suit filed seeking
declaration simplicitor without any
ancillary or consequential relief and
suit filed in Civil Court
they are not parties and filing of suit for only declaration
simplicitor is not maintainable unless possession is sought from
the appellants and hence, this
suit only
10 RSA 24/04
for the relief of declaration simplicitor is not rnaintainable in
law. It is his further contention that since from ... that the suit filed is both for declaration and possessiopniand
not for the relief of declaration simplicitor.
28. Though the learned counse_1_ .r.eferrec
deals with suit for possession, and Article 58 governs suit simplicitor for declaration, then, it has to be determined what is the exact nature
consequential injunction. Therefore, the suit is not
maintainable for mere possession without declaration
when the title of the plaintiff and possession is
denied ... cloud over plaintiff's title. Suit for possession
simplicitor without declaration of title is
maintainable".
In another ruling reported in AIR 2012 Supreme