since
possession was admittedly not with the plaintiff therein, a suit simplicitor
for declaration is not maintainable as further reliefs have not been claimed
therein ... absence of a relief claim for recovery of
possession, the suit simplicitor for declaration of title is not maintainable.
Immediately after the institution
relief sought for in
the instant suit is not for declaration simplicitor and
consequential relief but in effect a decree for cancellation of
the deed ... matter where the main
relief claimed in the plaint relates to a declaration of the deed
being fraudulent one and null and void with consequential
relief sought for in
the instant suit is not for declaration simplicitor and
consequential relief but in effect a decree for cancellation of
the deed ... matter where the main
relief claimed in the plaint relates to a declaration of the deed
being fraudulent one and null and void with consequential
heirs of the admitted thika tenant.
It is not an application simplicitor for
declaration of a status as 'thika tenant' for the first
Specific Relief Act as the original plaintiff filed a suit
simplicitor for declaration of his right, title, interest and permanent
injunction without seeking a further
Trial
Court rejected the said application as the civil suit seeking a declaration
of tenancy right is not barred under the provision of Section ... reported in 2008 (2) CHN 36 held
that a suit simplicitor for declaration of a tenancy right without touching
any of the orders passed
Title Suit No. 227 of 2007.
The petitioner filed a suit for declaration of its
right, title and interest and recovery of possession from ... West Bengal Premises Tenancy Act, 1997 . Thus, this
is a suit simplicitor for declaration and recovery of
possession on the ground of illegal occupation
Appeal below, wherefrom it appears that it is not a simplicitor
decree for declaration of title. The Trial Court also passed a
permanent injunction, which ... point taken by the Trial Court that it is a simplicitor decree for
declaration is factually incorrect.
Paragraphs 5 to 8 of the stay application
following
substantial questions of law:
I. Whether the suit simplicitor for
declaration of right, title and interest filed
by the plaintiff/appellant can be dismissed
party as a party cannot be added in a suit simplicitor
for declaration of a title into a complex suit.
This Court, therefore, does
