under:
"14. .......There is a big gap between the declaration simplicitor and relief in the garb of declaration. If a person makes a prayer ... seeks any declaration to dis entitle others right into a property, such type of circumvent prayer cannot be treated to be declaration simplicitor. In other
Savyasachi K. Sahai vs Union Of India & Ors on 5 June, 2017
Author: C
plaintiff is not in exclusive
possession of the property, the suit simplicitor for declaration of
title to the property is not maintainable. The same principle ... family property in which she has got share, therefore a suit
simplicitor for declaration of her share in the property is
maintainable
petitioner to make payment of court fees in a suit seeking declaration
of the sale deed dated 22.3.2011 as null and void, plaintiff/petitioner ... valorem Court fees is not payable and he can claim simplicitor declaration with
respect to the said document.
In that view of the matter
plaintiff is
not in possession of the property. The suit for declaration simplicitor was
not maintainable.
Much stress was laid on the notification
possession even before filing of the suit, the suit
simplicitor for declaration was not maintainable in absence of any
prayer for possession. In that regard ... that though plaintiffs were not in possession,
they have filed suit simplicitor for declaration of title. The legal
position in this regard is clear from
being
in possession could not have filed a suit for declaration simplicitor. In
absence of any prayer for possession, the relief of declaration could
year 2005.
Learned counsel further submits that suit for declaration
simplicitor was not maintainable because no other relief was
claimed by the respondents. In view ... along with declaration thus suit was dismissed.
I have gone through the suit preferred by the respondents.
It was not for declaration simplicitor
decree dated 27.03.2008 was accepted.
[2]. Plaintiff filed a suit for declaration (simplicitor) to the
effect that the plaintiff is owner in possession
second respondents herein (plaintiffs) in the year 2001 seeking the
relief of declaration respecting the right, title and interest in the subject
property. The suit ... vacant plot of land) and the suit seeking the relief of
declaration simplicitor without the consequential relief could not be
maintained, reference being made
