settled proposition of law that in a suit for declaration of right
and title, the burden is on the plaintiff to establish his claim ... will lie, and when it is necessary to file a suit for
declaration and/or possession with injunction as a consequential
relief, are well settled
further held
that the suit of the plaintiff seeking relief of declaration simplicitor
without seeking the relief of possession is not maintainable ... Accordingly, the suit
of the plaintiff seeking declaration simplicitor is maintainable as the
relief of possession is hit by Delhi Rent Control
suit does not seek possession of those
properties but merely seeks a declaration that
he is the owner of the suit properties the suit ... plaintiff was not in possession of the
property, the suit for declaration simplicitor
could not be filed without claiming possession
of the suit property before
agreement to sell executed between the parties.
He has only sought a declaration to the effect that deeds dated
20.09.2010 of cancellation ... property. Therefore, no defect can be found in the suit for
simplicitor declaration filed by the plaintiffs and hence they were
required to pay only
would
expire on 01.04.2002 while as the present suit for the
declaration has been filed in the year 2009. It is further
averred ... tried to camouflage the real relief by filing the present
suit simplicitor for declaration with a view to avoid the
filing of a suit
Proviso-Applicability-owner in possession of
suit property-Suit simplicitor for declaration
that sale deed, to which owner was not
party, is null and void
Dass Sagar (since deceased), through his LRs vs. Neelam
declaration and simplicitor suit for possession was not
maintainable. For this, reliance has been placed
known to
him, Pooran Masi has not even claimed the relief of declaration that those
documents Ex. PW1/D1 be declared as null ... Receipt dated 22.01.2014. Under such circumstances,
without seeking relief of declaration, a simplicitor suit of injunction was not
maintainable and hence the above reliefs cannot
known to
him, Pooran Masi has not even claimed the relief of declaration that those
documents Ex. PW1/D1 be declared as null ... Receipt dated 22.01.2014. Under such circumstances,
without seeking relief of declaration, a simplicitor suit of injunction was not
maintainable and hence the above reliefs cannot
file, it can be noted that the suit has been
filed simplicitor for declaration as it has been prayed that the plaintiff is owner
