Whether the suit filed by original plaintiff/
respondent No.1 for declaration simplicitor is
maintainable in the absence of relief of decree of
possession sought ... Trust'. It was further
submitted that suit for simplicitor declaration was not
maintainable in the absence of prayer for grant of
possession because there
Court held that if the plaintiff had prayed for a
declaration simplicitor that he was of a particular caste the Civil
Court's jurisdiction ... managing committee was bad, the plaintiff's suit was not
simplicitor for declaration of civil rights. Such an issue was
connected with the eligibility
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
entitled to succeed only if he is found entitled to a declaration simplicitor and to an order of reinstatement and consequential benefits ... this appeal is whether the Appellant was entitled in law to a declaration, without more, that the termination order dated 17.8.1981 is illegal, void
possession of the respondent and therefore the respondent has
sought a simplicitor declaration and injunction against the petitioner.
There is no dispute
Judgment, this Court held that the Plaintiff had
not only applied for declaration of his individual rights, but had also
prayed for further relief that ... could not be thus said that it was a
simplicitor declaration of his civil rights.
41. It is submitted that in the said Judgment
partition and
seprate possession. The Suits in both these cases were
simplicitor for declaration that 'Sale-Deeds' executed by
the Defendant were ... present case, the Plaintiff has
not filed the Suit simplicitor for declaration with any
consequential relief of injunction, but the Plaintiff has
filed the Suit
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
Section 34 of
the Specific Relief Act, 1963 contends that suit simplicitor for
declaration is not maintainable. He places reliance on the judgment ... over
the suit property, nonetheless the suit was not a suit simplicitor for
declaration.
13. Bar under Section 34 of the Specific Relief Act applies
Section 34 of
the Specific Relief Act, 1963 contends that suit simplicitor for
declaration is not maintainable. He places reliance on the judgment ... over
the suit property, nonetheless the suit was not a suit simplicitor for
declaration.
13. Bar under Section 34 of the Specific Relief Act applies
