present
petitioner together with three others is a suit for declaration simplicitor.
The relief sought for in form of declaration to the effect that ... Court.
15) I have already found that the suit is for declaration simplicitor and
the relief no. 2 being a consequential relief, the plaintiff
needful. The plaintiff
in that backdrop prayed for a decree for declaration to the
effect that the sale-deed executed by him in favour ... made
improvements over the land and that a suit for declaration
simplicitor was not maintainable as the plaintiff was out of
the possession
Will dated 17th
September, 1981. The plaintiffs have sought a declaration
that the restriction, contained in the Will dated 17th
September, 1981 on transfer ... taken a preliminary objection that the suit for
declaration simplicitor is not maintainable as the plaintiff
has not claimed any consequential relief. He has taken
plaintiff
would have prayed for simplicitor declaration that
he is a 'Gaud Saraswat Brahmin' then it would have
been a suit for declaration ... cannot be said that
it is a simplicitor declaration of his civil rights.
It is obviously an issue connected with the
eligibility criterion
present suit;
OPD
(2) Whether the suit for declaration simplicitor in the facts and circumstances of the
present case is not maintainable? OPD
(3) Whether ... regard to the properties and that rather it is only for a declaration in respect of the
cancellation of the allotment, (which the defendant
consequential to the relief of declaration and thus the plaint cannot be
valued as in a suit for declaration simplicitor and ought to have been ... 1601/2007 Page 7 of 9
declaration or that a simplicitor declaration would not have served the
purpose of the respondent No.1/plaintiff
Date of pronouncement : 06.12.2010
JUDGMENT
1. This is a suit for declaration, simplicitor. The plaintiff seeks declaration to the effect
that the order of dismissal ... declaration, where the plaintiff, being able to seek
further relief then a mere declaration of title, omits to do so. It also provides that
declaration
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
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
appreciate the
fact that the petitioner although filed a suit for declaration of title, he
prayed for permanent injunction on the ground of encroachment ... suit filed by the petitioner is virtually a
suit for declaration simplicitor and for permanent injunction. He contended
that no case of encroachment has been
